Dismissed

Shihabudeen v. State of Kerala

Kerala HC26 Jul 2024WP(Crl.)/786/2024

Case brief

AI extract

What is this about?

Second accused in a criminal case sought quashing of the provisional attachment of his property under Section 14 of the BUDS Act, contending confirmation proceedings were not initiated. The court held that the Designated Court under Section 15(3) has power to confirm, vary or cancel the attachment and dismissed the writ petition with liberty.

What did the court decide?

Petition dismissed; liberty reserved to initiate appropriate proceedings under the BUDS Act before the Designated Court.

Shihabudeen Vs State of Kerala — Property and Title | Kerala HC (2024)

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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 BECHU KURIAN THOMAS

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FRIDAY, THE 26TH DAY OF JULY 2024 / 4TH SRAVANA, 1946

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WP(CRL.) NO. 786 OF 2024

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PETITIONER/S:

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SHIHABUDEEN AGED 67 YEARS S/O. MUHAMMED KUNJU, PARAVOORAYYATHU KIZHAKKATHIL, PADA-NORTH, KARUNAGAPPALLY, KOLLAM, PIN – 690 518.

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BY ADVS.
B.N.HASKAR
B.K.GOPALAKRISHNAN
MEGHA P. KUMAR
NIKITHA P.

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM - 682031

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2STATE OF KERALA
(THE BANNING OF UNREGULATED DEPOSIT SCHEME
ACT, 2019), HOME DEPARTMENT, SECRETARIATE,
THIRUVANANTHAPURAM, PIN – 695 001

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3 THE DISTRICT COLLECTOR KOLLAM, CIVIL STATION, KOLLAM, CUTCHERRY. P.O. KOLLAM, PIN – 691 013.

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4THE TAHSILDAR
KARUNAGAPPALLY TALUK, TALUK OFFICE,
REVENUE TOWER, KARUNAGAPPALLY, KOLLAM- 690518
5THE VILLAGE OFFICER
KARUNAGAPPALLY VILLAGE, KARUNAGAPPALLY TALUK,
KOLLAM, PIN – 690 518.
SMT. SREEJA V (PP)

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THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 26.07.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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WP(CRL.) 786/2024

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BECHU KURIAN THOMAS, J

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......….............................................

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W.P.(Crl.) No.786 of 2024

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…................................................

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Dated this the 26^th day of July, 2024

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JUDGMENT

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Petitioner is the second accused in Crime No.672/2022 of Kollam East Police Station, alleging offences punishable under Section 420 r/w Section 34 of the Indian Penal Code, 1860 apart from the provisions of the Banning of Unregulated Deposit Schemes Act, 2019 [for short, the

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‘BUDS Act’]. The property of the petitioner is alleged to have been provisionally attached by the Competent Authority under Section 14 of the BUDS Act. Petitioner alleges that the consequent application for confirmation contemplated under Section 14 of BUDS Act has not been initiated, and therefore, the provisional attachment has to be lifted. He seeks quashing of the provisional attachment effected on his property in this petition under Article 226 of the Constitution of India.

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I have heard Sri.B.N.Haskar, the learned counsel for the petitioner as well as Smt.Sreeja V., the learned Public Prosecutor, on behalf of respondents 1 to 5.

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A perusal of Section 15(3) of the BUDS Act reveals that the Designated

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WP(CRL.) 786/2024

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Court has the power to make provisional orders of attachment absolute; or for varying it by releasing a portion of the property from attachment;

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or even by cancelling the provisional order of attachment.

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Since appropriate powers are vested with the Designated Court to deal with the situation pointed out by the petitioner, I am of the view that the remedy if any, of the petitioner is to approach the said Forum.

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Accordingly, reserving the liberty of the petitioner to initiate appropriate proceedings in the manner contemplated under the BUDS Act, this writ petition is dismissed.

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sd/-

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BECHU KURIAN THOMAS JUDGE

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AMV/26/07/2024

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WP(CRL.) 786/2024

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APPENDIX OF WP(CRL.) 786/2024

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PETITIONER EXHIBITS

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`EXHIBIT P1`	`A TRUE COPY OF THE FIR IN CRIME NO. 0672` `DATED 21-07-2022 LODGED BY KOLLAM EAST POLICE` `STATION.`
`EXHIBIT P2`	`A TRUE COPY OF THE IDENTITY CARD CUM SERVICE` `CERTIFICATE ISSUED BY BOARDER SECURITY FORCE,` `GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS` `DATED 16/07/2003.`
`EXHIBIT P3`	`A TRUE COPY OF THE BOND CERTIFICATE` `PERTAINING TO PETITIONER'S DEPOSIT DATED` `25/09/2003 ISSUED BY KERALA HOUSING FINANCE` `LIMITED.`
`EXHIBIT P4`	`A TRUE COPY OF THE PROCEEDINGS OF THE` `COMPETENT AUTHORITY AND SECRETARY TO` `GOVERNMENT, THE BANNING OF UNREGULATED` `DEPOSIT SCHEMES ACT, 2019 DATED 27-12-2022.`
`EXHIBIT P5`	`A TRUE COPY OF THE ORDER OF THE DISTRICT` `COLLECTOR, KOLLAM ON 16-01-2024 INFORMED` `COMPETENT AUTHORITY (BUDS ACT, 2019).`
`EXHIBIT P6`	`A TRUE COPY OF THE LETTER OF THE DISTRICT` `COLLECTOR, KOLLAM ON 19-02-2024 INFORMED` `COMPETENT AUTHORITY (BUDS ACT, 2019).`
`EXHIBIT P7`	`A TRUE COPY OF THE REVENUE TAX RECEIPT FROM` `KARUNAGAPPALLY` `VILLAGE` `OFFICE` `DATED` `06/11/2023.`
`EXHIBIT P8`	`A TRUE COPY OF THE SALE DEED NO. 2992/1993 OF` `KARUNAGAPPALLY SUB REGISTRAR OFFICE DATED` `26/11/1993.`

Shihabudeen v. State of Kerala

Case brief

What is this about?

What did the court decide?

Shihabudeen v. State of Kerala

Case brief

What is this about?

What did the court decide?

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