Allowed

Babu v. State of Kerala

Kerala HC6 Jul 2017WP(C)/2908/2017

Case brief

AI extract

What is this about?

In this writ petition, the petitioner sought directions to the State Directorate of State Lotteries to disburse the proceeds of a seized lottery ticket to the bank. The High Court allowed the petition, directing the Director to provide the proceeds to the bank within thirty days to comply with a prior order.

What did the court decide?

The writ petition was allowed; the second respondent directed to provide the lottery proceeds to the fifth respondent bank within thirty days.

Babu Vs State of Kerala — Money Laundering | Kerala HC (2017)

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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 P.B.SURESH KUMAR

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THURSDAY, THE 6TH DAY OF JULY 2017/15TH ASHADHA, 1939

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WP(C).No. 2908 of 2017 (K)

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PETITIONER:

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BABU,

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AGED 49 YEARS, S/O.GOVINDAN, EDASSERY HOUSE, VARANTHARAPPILLY PO, CHALAKUDY TALUK, THRISSUR DISTRICT.

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BY ADV. SRI.N.L.BITTO

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RESPONDENTS:

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*1. STATE OF KERALA, REPRESENTED BY THE DIRECTOR OF STATE LOTTERY, GOVERNMENT LOTTERY DIRECTORATE, THIRUVANANTHAPURAM-695001.(CORRECTED)

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*2. DEPUTY DIRECTOR, GOVERNMENT LOTTERY DIRECTORATE, THIRUVANANTHAPURAM-695001.(CORRECTED)

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RESPONDENT NO.1 & 2 ARE CORRECTED AS

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“ 1.DIRECTOR (KERALA STATE LOTTERIES), DIRECTORATE OF STATE LOTTERIES, VIKAS BHAVAN.P.O., THIRUVANANTHAPURAM - 695 033.

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2. DEPUTY DIRECTOR, (PRIZE SECTION), DIRECTORATE OF STATE LOTTERIES, VIKAS BHAVAN.P.O., THIRUVANANTHAPURAM - 695 033.” AS PER ORDER DATED 6.7.2017 IN IA.10546/2017.

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3. SUB INSPECTOR OF POLICE, VARANTHARAPPILLY POLICE STATION, VARANTHARAPPILLY PO, THRISSUR DISTRICT-680001.

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--2--

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--2--

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WP(C).No. 2908 of 2017 (K)

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**ADDL. R4 TO R6 IMPLEADED

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4. CIRCLE INSPECTOR OF POLICE, PUDUKKAD CIRCLE, PUDUKKAD P.O., THRISSUR DISTRICT.

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5. BANK MANAGER, STATE BANK OF INDIA, VARANTHARAPPILLY BRANCH, CHALAKUDY TALUK, THRISSUR DISTRICT.

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6. BANK MANAGER, STATE BANK OF INDIA, VIKAS BHAVAN BRANCH, THIRUVANANTHAPURAM, THIRUVANANTHAPURAM DISTRICT.

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ADDL. R4 TO R6 ARE IMPLEADED AS PER ORDER DATED 23.06.2017 IN IA.9731/2017.

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R1 TO R3 & ADDL. R4 BY GOVERNMENT PLEADER SRI.SURIN GEORGE IYPE R5 TO R6 BY SRI.JAICE JACOB, SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06-07-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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mbr/

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WP(C).No. 2908 of 2017 (K)

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APPENDIX

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PETITIONERS' EXHIBITS:

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P1 : A TRUE COPY OF THE JUDGMENT IN OP(CRL)632 OF 2016 DATED 25/11/2019 OF THE HONOURABLE HIGH COURT, OF KERALA.

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P2 : A TRUE COPY OF THE COMMUNICATION ISSUED BY THE 2ND RESPONDENT DATED 10/1/2017.

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P3 : A TRUE COPY OF THE LETTER ISSUED BY THE OFFICE OF 1ST RESPONDENT IN FAVOUR OF THE PETITIONER DATED 14.2.2017.

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RESPONDENTS' EXHIBITS: NIL.

//TRUE COPY//

P.S. TO JUDGE

mbr/

P.B.SURESH KUMAR, J.

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

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W.P.(C).No.2908 of 2017-K.

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

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Dated this the 6^th day of July, 2017.

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J U D G M E N T

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The petitioner presented a prized lottery ticket before the fifth respondent bank for collection. A crime has been registered against the petitioner at Varandarapilly Police Station later alleging that the lottery ticket belongs to another and that the petitioner has obtained the same by playing fraud on him. In furtherance to the said crime, the lottery ticket was seized by the police. The petitioner, then approached this Court by filing OP.(Crl.).No.632 of 2016 alleging that he will be put to irreparable loss and injury, if the proceeds of the lottery ticket are not collected within the time stipulated for the same. As per Ext.P1 judgment, this Court directed the Sub Inspector of Police, who was in charge of the investigation of the crime, to return the lottery ticket to the bank so as to enable the bank to collect the

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W.P.(C).No.2908/2017-K.

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proceeds of the lottery ticket. It was also directed by this Court that the collected proceeds shall be deposited in a suspense account and the deposit receipt shall be produced before the learned Magistrate. It is alleged by the petitioner that pursuant to Ext.P1 judgment, the Sub Inspector of Police returned the lottery ticket to the bank on 28.11.2016 and the bank, in turn, had forwarded the lottery ticket for collection to the second respondent on 01.12.2016. Since the draw of the lottery ticket was on 06.11.2016, as per the terms of the lottery, the proceeds of the prized lottery ticket should have been collected by the winner within thirty days viz, on or before 05.12.2016. It is stated that since the lottery ticket was received in the office of the second respondent only on 06.12.2016, the proceeds have not been disbursed by the second respondent. The petitioner, therefore, seeks directions to the second respondent to disburse the proceeds of the lottery ticket to the fifth respondent bank.

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Heard the learned counsel for the petitioner

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W.P.(C).No.2908/2017-K.

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as also the learned Government Pleader.

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The operative portion of Ext.P1 judgment

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reads thus:

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“In view of the peculiar facts and circumstances, the court below is directed to issue directions to the CircleInspector of Police, Pudukkad Police station to produce the ticket before the State Bank of Travancore, Varandarapilly branch for the purpose of collecting the proceeds. The collected proceeds shall be deposited in a suspense account and the deposit receipt shall be produced before the learned Magistrate. This shall be done within a period of seven days from the date of receipt of the copy of this order. The claims as to the proceeds of the prized lottery can be decided at a later stage by the appropriate court. Petition is disposed of.”

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It is evident from Ext.P1 judgment that this Court has directed to collect the proceeds of the lottery ticket within the time stipulated, pending investigation of the crime, evidently to prevent any prejudice being caused to the petitioner, if ultimately he is acquitted in the case. It is beyond dispute that it is not on account of any reason attributable to the petitioner that the proceeds of the lottery ticket could not be collected on time by the bank. But for the seizure of the lottery ticket by the investigating officer, the proceeds of the lottery ticket would have been collected by the fifth respondent bank. In the

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W.P.(C).No.2908/2017-K.

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circumstances, I deem it appropriate to allow the writ petition directing the second respondent to provide the proceeds of the lottery ticket to the fifth respondent bank for compliance of the directions contained in Ext.P1 judgment. Ordered accordingly. This shall be done within thirty days from the date of receipt of a copy of this judgment.

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Sd/- P.B.SURESH KUMAR, JUDGE.

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Kvs/-

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// true copy //

Babu v. State of Kerala

Case brief

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Babu v. State of Kerala

Case brief

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