Disposed

Gokuldas v. State of Kerala

Kerala HC3 Mar 2016Crl.MC/665/2016

Case brief

AI extract

What is this about?

High Court at Ernakulam dismissed an application by a petitioner accused of money chain offences under the Prize Chits Act. The court held that the petitioners must approach the trial court under Section 457 Cr.P.C. for return of seized goods. Investigation directed to continue.

What did the court decide?

The petitioners are directed to approach the concerned courts under Section 457 Cr.P.C. for relief regarding seized products. Investigation is directed to proceed.

Gokuldas Vs State of Kerala — Money Laundering | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE B.KEMAL PASHA

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THURSDAY, THE 3RD DAY OF MARCH 2016/13TH PHALGUNA, 1937

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Crl.MC.No. 665 of 2016 ()

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-------------------------CRIME NO. 57/2016 OF PALAKKAD TOWN SOUTH POLICE STATION, PALAKKAD DIST.

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PETITIONER/ACCUSED:

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GOKULDAS, S/O.MUTHU EZHUTHASSAN, KAZHANI, KALLEPPULLI, KAVASSERY, PALAKKAD.

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BY ADVS.SRI.SANTHEEP ANKARATH, SRI.K.P.SUDHEER.

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RESPONDENT/COMPLAINANT:

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STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING STATION HOUSE OFFICER, PALAKKAD TOWN SOUTH POLICE STATION, PALAKKAD-678 001.

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BY SRI.ABDUL RASHEED, ADDL. D.G.P.

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03-03-2016, ALONG WITH CRL.MC.NO.675 OF 2016,THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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rs.

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Crl.MC.No. 665 of 2016

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APPENDIX

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PETITIONER'S ANNEXURES:-

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ANNEXURE-A1:	TRUE COPY OF FIRST INFORMATION REPORT DATED 20.01.2016 IN CRIME NO.57/2016 OF PALAKKAD TOWN SOUTH POLICE STATION.
ANNEXURE-A2:	TRUE COPY OF CERTIFICATE OF INCORPORATION OF THE PETITIONER'S COMPANY ISSUED IN THE YEAR 2009-10.
ANNEXURE-A3:	TRUE COPY OF THE CHANGE OF ADDRESS CONCERNING REGISTRATION OF TIN OF THE PETITIONER'S COMPANY AND DATED 14.02.2014.
ANNEXURE-A4:	TRUE COPY OF FSSAI LICENCE DATED 29.12.2014 ISSUED BY TAMIL NADU FOOD SAFETY AND DRUG ADMINISTRATION DEPARTMENT.
ANNEXURE-A5:	TRUE COPY OF REGISTRATION-CUM-MEMBERSHIP CERTIFICATE DATED 16.01.2015 ISSUED BY THE AGRICULTURAL AND PROCESSED FOOD PRODUCTS EXPORT DEVELOPMENT AUTHORITY UNDER MINISTRY OF COMMERCE, GOVERNMENT OF INDIA.
ANNEXURE-A6:	TRUE COPY OF CERTIFICATE OF AYUSH DATED 16.01.2016.
ANNEXURE-A7:	TRUE COPY OF THE LETTER DATED 13.12.2011 FROM SPECIAL SECRETARY, DEPARTMENT OF COMMERCE TO THE CONVENOR OF MULTI LEVEL MARKETING WORKERS WELFARE ASSOCIATION.
ANNEXURE-A8:	TRUE COPY OF LETTER DATED 13.06.2012 ISSUED BY GOVERNMENT OF KERALA, INDUSTRIES (B) DEPARTMENT.
ANNEXURE-A9:	TRUE COPY OF THE MINUTES OF THE MEETING DATED 09.10.2012.
ANNEXURE-A10:	TRUE COPY OF CERTIFICATE OF REGISTRATION UNDER THE KVAT ACT AND DATED 24.04.2013.
ANNEXURE-A11:	TRUE COPY OF RELEVANT PORTION OF NOTIFICATION NO.5959/LEG.A2/2015/LAW DATED 29.07.2015 ISSUED BY LAW DEPARTMENT, GOVERNMENT OF KERALA AND PUBLISHED IN KERALA GAZETTE.
ANNEXURE-A12:	TRUE COPY OF APPLICATION FOR AMENDMENT IN REGISTRATION DETAILS AND DATED 30.12.2015. ......2/-

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Crl.MC.No. 665 of 2016

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ANNEXURE-A13:	TRUE COPY OF ORDER DATED 22.01.2016 ISSUED BY COMMERCIAL TAX OFFICER, II CIRCLE, PALAKKAD.
ANNEXURE-A14:	TRUE COPY OF CIRCULAR NO.26/2015 ISSUED BY THE COMMISSIONER, COMMERCIAL TAXES, KERALA.
ANNEXURE-A15:	TRUE COPY OF CIRCULAR NO.1871/C2/2014/TD DATED 14.09.2015 ISSUED BY DEPARTMENT OF TAXES, GOVERNMENT OF KERALA.
ANNEXURE-A16:	TRUE COPY OF CERTIFICATE OF REGISTRATION DATED 11.01.2013 ISSUED BY COMMERCIAL TAXES DEPARTMENT, GOVERNMENT OF KERALA.
ANNEXURE-A17:	TRUE COPY OF LICENCE NO.92/2015-16 ISSUED BY PALAKKAD MUNICIPALITY TO THE PETITIONER.
ANNEXURE-A18:	TRUE COPY OF ONLINE TRANSACTION DETAILS OF THE PETITIONER.
ANNEXURE-A18(A):	TRUE COPY OF ONLINE TRANSACTION DETAILS OF ORIENS GLOBAL MARKETING PRIVATE LIMITED.

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RESPONDENT'S ANNEXURES:- NIL.

//TRUE COPY//

P.S. TO JUDGE

rs.

B. KEMAL PASHA, J.

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====================

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CRL.M.C.Nos.665 & 675 of 2016 ==================== Dated this the 3^rd day of March, 2016

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O R D E R

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The petitioners are challenging the proceedings in Crime No.57 of 2016 of the Palakkad Town South Police Station and Crime No.85 of 2016 of the Nadakkavu Police Station. Crime No.57 of 2016 of the Palakkad Town South Police Station has been registered through Annexure-A1 First Information Report in Crl.M.C.No.665 of 2016, for the offences under Sections 3 and 4 of the Prize Chits and Money Circulation Scheme (Banning) Act, 1978. Crime No.85 of 2016 of the Nadakkavu Police Station has been registered through Annexure-A1 First Information Report in Crl.M.C.No.675 of 2016, for the offences under Sections 4 and 6 of the Prize Chits and Money Circulation Scheme (Banning) Act, 1978.

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The allegation against the petitioners is that

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CRL.M.C.Nos.665 & 675 of 2016

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-: 2 :-

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they are conducting business in money chain, by violating the provisions of the Prize Chits and Money Circulation Scheme (Banning) Act, 1978, under the guise of multi-level marketing.

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Detailed statements have been filed by the investigating officers in the case. This Court is not expressing any opinion with regard to the legality or otherwise of the offences involved, at present. The present request of the petitioners is to entrust them their products seized by the investigating officer in the search and seizure.

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According to the learned counsel for the petitioners, if the products are not released, it will become expired, which will result in huge financial loss to the petitioners. Those are matters to be considered by the appropriate Forum. When the seizure has been reported to the court, the petitioners can approach the concerned courts under Section 457 Cr.P.C. In such case, the said courts below will take appropriate decision on merits after hearing

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CRL.M.C.Nos.665 & 675 of 2016

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-: 3 :-

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the petitioners as well as the prosecution.

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With liberty to the petitioners to move the courts below under Section 457 Cr.P.C., these Crl.M.Cs are disposed of. The matter has to be investigated. Let the investigation go on. In case of any grievance on the part of the petitioners on getting the Final Report in the matter, the petitioners are free to challenge the same before this Court or appropriate Forum in accordance with law.

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Sd/-

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B. KEMAL PASHA, JUDGE.

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DSV/3/3/16

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// True Copy //

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P.A. To Judge

Gokuldas v. State of Kerala

Case brief

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Gokuldas v. State of Kerala

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