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Ramesh Kumar Guptha v. The Deputy Commissioner of

Madras HC20 Jul 2018WP/8478/2017

Case brief

AI extract

What is this about?

The Court directed the VIII Metropolitan Magistrate to remit seized demonetised currency notes to the Reserve Bank of India for exchange under Demonetization Exchange Rules. The Chief Metropolitan Magistrate was directed to assist in this process, and liberty was given to file an application under Section 451 Cr.P.C.

What did the court decide?

Directed VIII Metropolitan Magistrate to remit demonetised notes to RBI; Chief Metropolitan Magistrate to assist. Liberty given to file application under Section 451 Cr.P.C.

Ramesh Kumar Guptha Vs The Deputy Commissioner of — Writ and Judicial Review | Madras HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 20.07.2018

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CORAM

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THE HONOURABLE MR.JUSTICE P.N.PRAKASH

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W.P.No.8478 of 2017

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Ramesh Kumar Guptha S/o.Babulal Guptha

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.. Petitioner

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1.The Deputy Commissioner of Police Flower Bazaar District Rajaji Salai, Chennai – 600 001.

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2.The Inspector of Police C-2, Elephant Gate Police Station Elephant Gate, Chennai – 600 079. .. Respondents

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Petition filed under Article 226 of the Constitution of India seeking for issuance of Writ of Mandamus, directing the 2^nd respondent to return the seized currencies of Rs.1,84,695/(Rupees One lakh eighty four thousand six hundred and ninety five only) with a further direction to the Reserve Bank of India (Chennai) to exchange the demonetized currencies with new currency notes.

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For Petitioner : Mr.B.R.Shankaralingam

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For Respondents : Mr.D.Raja

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Additional Government Pleader.

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O R D E R

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On 20.10.2016 at about 15.15 hours, based on an information, the second respondent searched the residential premises of one Ramesh Kumar Guptha (petitioner herein) at No.14, Ramanan Road, Sowcarpet, Chennai – 79 and recovered a huge haul of prohibited tobacco goods valued at Rs.3,83,786/and also recovered cash of Rs.1,84,695/- . After the seizer, the respondent police registered a case in Crime No.1569 of 2016 under Section 7 r/w 9(ii) TNPSS Act, 2002 and 102 Cr.P.C. The sum of Rs.1,84,695/- was handed over to VIII Metropolitan Magistrate, Chennai vide A.No.06/2017 dated 24.01.2017. Under such circumstances, the petitioner filed the present writ petition with the above prayer.

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Heard Mr.B.R.Shankaralingam, learned counsel for the petitioner and Mr.D.Raja, learned Additional Government Pleader appearing for the respondents.

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https://hcservices.ecourts.gov.in/hcservices/ 3. The Inspector of Police has filed a counter affidavit

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refuting the contentions raised by the petitioner. It is the case of the petitioner that after the sum of Rs.1,84,695/- was seized, the Government of India demonetised the currency notes on 08.11.2016, but, however, no steps have been taken by the police to have the amount exchanged with the Reserve Bank of India.

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It is seen that the police have deposited the demonetised currency notes of Rs.1,84,695/- in A.No.06/2017 on 24.01.2017 before VIII Metropolitan Magistrate, Chennai. Therefore, this Court directs the VIII Metropolitan Magistrate, Chennai to take immediate steps to have the demonetisation notes covered in A.No.06/2017 in C-2, Elephant Gate Police Station in Crime No.1569 of 2016 remitted to the Reserve Bank of India in accordance with the Demonetization Exchange of Money Rules. The Chief Metropolitan Magistrate, Chennai is directed to monitor and render necessary assistance to VIII Metropolitan Magistrate, Chennai to effect the exchange of demonetised notes. Liberty is given to the petitioner to file an application under Section 451 Cr.P.C. and on such application being filed, the same shall be decided on merits.

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With the above direction, this petition is ordered

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accordingly. No costs. Sd/Assistant Registrar(CS VII)

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//True Copy// Sub Assistant Registrar

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To 1.The Deputy Commissioner of Police Flower Bazaar District Rajaji Salai, Chennai – 600 001. 2.The Inspector of Police C-2, Elephant Gate Police Station Elephant Gate, Chennai – 600 079. 3.The VIII Metropolitan Magistrate, George Town, Chennai. 4. The Cheif Metropolitan Magistrate Allikulam (George Town) Chennai. +2cc to Mr.T.G.Ravichandran, Advocate, S.R.No.48842 (21.08.2018) +1cc to Mr.T.G.Ravichandran, Advocate, S.R.No.48842 +1cc to the Government Pleader, S.R.No.49355

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W.P.No.8478 of 2017

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https://hcservices.ecourts.gov.in/hcservices/

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SMI/07.08.2018

Ramesh Kumar Guptha v. The Deputy Commissioner of

Case brief

What is this about?

What did the court decide?

Ramesh Kumar Guptha v. The Deputy Commissioner of

Case brief

What is this about?

What did the court decide?

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