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december 1975

Supreme Court of India · 1975-12-11

J. R. MALHOTRA & ANR. vs ADDITIONAL SESSIONS JUDGE, JULLUNDUR & ORS.

Citation / case number
SC 1975/60493
Court
Supreme Court of India
Petitioner
J. R. MALHOTRA & ANR.
Respondent
ADDITIONAL SESSIONS JUDGE, JULLUNDUR & ORS.
Author
A.N. () RAY
Bench
A.N. (CJ) RAY

Judgment text excerpt

The Supreme Court held that after the prosecution against the respondent was dropped for lack of evidence, the authorities had no legal right to retain the seized money under any provision of law. The Court emphasized that there was no valid order of assessment or demand for tax, as confirmed by the Appellate Assistant Commissioner. Consequently, the Revenue Authorities could not justify keeping the money on the basis of a potential future demand, leading to the dismissal of the appeal and upholding the High Court's order to return the seized amount.

J. R. MALHOTRA & ANR. vs ADDITIONAL SESSIONS JUDGE, JULLUNDUR & ORS. · Niyam