The Madras High Court today reserved its order on a plea by a DMK MP seeking a CBI probe into the seizure of Rs 570 crore from three container trucks in Tirupur district in the run up to the May 16 assembly polls.
Justice R Subbaiah, who heard the arguments by counsel for CBI and petitioner, DMK MP T K S Elangovan, reserved the order.
During the last hearing on June 9, the court had sought a status report from CBI in connection with the seizure.
The matter relates to seizure of Rs 570 crore from three trucks by officials on poll duty on May 13 in Tirupur district.
Elangovan had alleged that the trucks had bogus registration numbers and also the currency bundles had Axis Bank seal, though the cash was claimed by State Bank of India.
DMK alleged that the officials had conspired together and created fake documents to claim the money belonged to SBI.
Refuting the argument of CBI that SBI and RBI be impleaded as parties and that they give an account of what transpired, the DMK MP submitted that as per Section 154 of Cr PC, it was CBI's duty to register a case the moment a cognizable offence is alleged.
Referring to a Supreme Court case in the matter, the petitioner said they cannot go into the truthfulness of the case at the complaint stage.
A case has to be registered and if the crime relating to Prevention of Corruption Act is attracted, then they must conduct a preliminary probe. Even if the complaint does not make out a cognizable case, they must close it and inform the complainant about it, he said.
CBI submitted that reading of the complaint only creates doubt and no cognizable offence was attracted.
The reading of the complaint makes it clear that there is falsification of records, abuse of power attracting Prevention of Corruption Act and hence CBI should probe the case, the petitioner argued.
Earlier during the hearing of PIL related to the cash seizure, Reserve Bank of India had informed the High Court that the transfer was part of regular money movement under currency management function and that it had given its approval to SBI for the same.
