Madan Singh vs State Of Jharkhand

Anil Kumar Choudhary, J

Heard the parties.

This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 528 of B.N.S.S., 2023 with the  prayer  to  quash  the  order  dated  24.01.2025  passed  in  M.C.A. No. 8151 of 2024 in connection with Namkum P.S. Case No. 419 of 2024 by which the prayer of the petitioner to release Rs.1,14,99,980/- has been rejected by the learned J.M.F.C.-IX, Ranchi.

The brief fact of the case is that the petitioner is the chairman of a public school of Ranchi and Rs.1,14,99,980/- in cash was seized by the flying squad constituted for the 2024 Legislative Assembly Election in Ranchi. The undisputed fact remains that no other articles relating to the election such as banners, flags or any objectionable  articles  was  recovered  from  the  said  public  school. The Model Code of Conduct for the Legislative Assembly Election,  2024  is  already  over.  The  undisputed  fact  remains  that vide order dated 05.12.2024 the Deputy Development Commissioner-cum-Nodal Officer Expenditure Monitoring and Enforcement Committee for Legislative Assembly, 2024 Ranchi has  directed  the  flying  squad/Namkum  police  station  to  release the said cash amount to the petitioner; on the petitioner furnishing the acknowledgment receipt of the said amount; as is evident from Annexure-3 at page no. 37 of the brief but as even after such order the money was not released in favour of the petitioner, hence the petitioner filed an application before the learned J.M.F.C.-IX, Ranchi as M.C.A. Nos. 8151 and 8152 of 2024 arising out of Namkum P.S. Case No.419 of 2024. Learned J.M.F.C.-IX, Ranchi was of the view that the order of Deputy Development Commissioner-cum-Nodal Officer Expenditure Monitoring and Enforcement Committee for Legislative Assembly, 2024 Ranchi is not binding upon the learned Judicial Magistrate. The case is still under investigation the offences in respect of which Namkum P.S. Case No. 419 of 2024 has been registered involves the offences punishable under Section 223 and 176 of B.N.S., 2023 and later on 174 of B.N.S. has also been added and rejected the prayer for release of the said amount in cash to the petitioner.

It is submitted by the learned counsel for the petitioner that the petitioner  has  falsely  been  implicated  due  to  ulterior  motive  and the petitioner is the owner of the said public school. It is next submitted  by  the  learned  counsel  for  the  petitioner  that  the  case has been lodged only on the basis of suspicion and though investigation  is  going  on  for  more  than  a year,  the  charge  sheet has not yet been submitted. It is further submitted by the learned counsel for the petitioner that the undisputed fact remains that the said money was seized from the petitioner and the petitioner has already deposited the income tax return, acknowledgment receipt and other documents and on the basis of which Deputy Development Commissioner-cum-Nodal Officer Expenditure Monitoring and Enforcement Committee for Legislative Assembly, 2024 Ranchi has passed the order for release of the said amount. Relying upon the judgment of the Hon’ble Supreme Court  of  India  in  the  case  of  Sunderbhai  Ambalal  Desai  & Ors. vs. State of Gujarat reported in (2002) 10 SCC 283, it is submitted by the learned counsel for the petitioner that the currency note in custody shall be released at the earliest. Hence, it is submitted that the prayer as made in this criminal miscellaneous petition be allowed.

The learned Spl. P.P. on the other hand vehemently opposes the prayer and submits that huge amount of cash seized by the petitioner  is  required  for  the  investigation  of  the  case  hence,  the learned J.M.F.C.-IX, Ranchi has rightly rejected the prayer for release of  the same. It is, therefore, submitted that  this criminal miscellaneous petition being withoutany merit be dismissed.

Having  heard  the  submissions  made  at  the  Bar  and  after  going through the materials in the record, this Court finds that the undisputed fact remains that the petitioner is the owner of the money which was seized from him by the flying squad constituted for Legislative Assembly Election, 2024 Ranchi. The Deputy Development Commissioner-cum-Nodal Officer Expenditure Monitoring and Enforcement Committee for Legislative Assembly,  2024 Ranchi after being satisfied with the relevant documents has passed the order for release of the money. The undisputed fact remains that the petitioner is the owner of the public school and blocking of such a  huge amount of money will cause loss to the school in shape of interest that will accrue to the school  had  it  been  deposited  in  any  bank  or  financial  institution and which is also required for running of the school. The investigating officer if he so likes can take photographs of the currency note seized but this Court is of the considered view that there is no justifiable reason for not releasing huge amount of money which undisputedlyseized from the petitioner and there is no other claimant to such money for such a long time as investigation is going on for more than a year and there is no definite date by which such investigation willbe concluded.

Under such circumstances, this Court is  of the considered view that the learned J.M.F.C.-IX, Ranchi has committed a grave illegality  by  not  passing  orders  for  release  of  the  said  amount  in favour  of  the  petitioner.  Accordingly,  the  order  dated  24.01.2025 passed  by  the  learned  J.M.F.C.-IX,  Ranchi  in  M.C.A.  No.  8151  of 2024 in connection with Namkum P.S. Case No. 419 of 2024 is quashed and set aside.

The  petitioner is  directed to  furnish  an  indemnity  bond to  the extent of Rs.1,14,99,980/- with two solvent sureties with an undertaking to deposit the said amount of money if directed at the conclusion of the trial or at any future date by any Court and upon such indemnity bond being furnished by the petitioner, the learned  J.M.F.C.-IX,  Ranchi  is  directed  to  pass  appropriate  order directing the Officer-in-Charge of Namkum police station to release the said cash of Rs.1,14,99,990/- in favour of the petitioner forthwith.

In the result, this criminal miscellaneous petition is allowed to the aforesaid extent only.