The High Court held that as regards the maintainability of the application under Article 227 of the Constitution of India, the Court in its exercise of his supervisory jurisdiction can look into the legality and validity of an order passed by the Magistrate. Further, it was held that the Revenue Authorities are entitled to retain the cash till the final conclusion of the proceedings under the Income-tax Act. (SCAP No. 10055 of 2017 dt. 18-01-2018).
Vipul Chavda .v. State of Gujarat (2018) 253 Taxman 263 (Guj)(HC)
S. 132 : Search and seizure – Once warrant of authorization is issued against any person, then seized amount is required to be retained by Income-tax Authority – Department is entitle to retain cash till final conclusion of proceedings under the Act.