DK Sessions Court quashes prosecution launched by I-T dept against jewelers

coastaldigest.com web desk
October 24, 2018

Mangaluru, Oct 24: The Principal District and Sessions Judge of Dakshina Kannda has passed an order setting aside the complaint filed by the Department of Income Tax before the Special (Economic Offences) Court against the partners of Hassan-based jewelry business partnership firm namely M/s Ramachandra Shetty and Sons and its partners namely Ravish, Rajath and Rahul for the offence punishable under section 276 CC of Income Tax Act, 1961 as illegal and consequently quashed the entire proceedings initiated before the Special Court by the Department of Income Tax.

The Department of Income Tax had launched prosecution in the year 2017 across the nation and as part of the same more than 3000 complaints have been filed at Bengaluru and nearly 300 complaints have been lodged before the Special Court dealing with economic offences.

In its complaint, the Deputy Commissioner of Income Tax had alleged that the partners of the Hassan based jewelers have willfully failed to file the return of income within the stipulated time and thereby committed an offence under section 276 C.C. of I.T. Act, 1961 which is punishable with seven years imprisonment.

The Special Court had taken cognizance of the offence and issued summons to the accused persons calling upon them to appear before the court and answer the accusations. However, the accused persons had challenged the said preliminary order of taking cognizance and issuance of process by the Magistrate before the Principal District and Sessions Judge in Mangaluru by way of preferring a Revision under section 397 and 399 of Cr.P.C (Code of Criminal Procedure).

After preliminary hearing, while admitting the criminal revisions, the Sessions Court had stayed the proceedings before the Special Court of Economic Offence and JMFC and issued notice to the Department of Income Tax. In response thereto, the Special Public Prosecutor had appeared for the department of I.T. and argued the matter justifying and the complaint and sought for dismissal of the Revision preferred by the accused persons.

Advocate Vivekananda Paniyala argued for the accused persons contending that the Department had failed to furnish copy of the documents, account books, and Tally and such other accounts related documents that were seized at the time of conducting raid [search and seizure] and failed to provide the copy of the same to the Assesses despite making repeated requests in writing and thereby prevented the accused persons from filing the return within the stipulated time. Further, Mr. Paniyala has argued that the Department of Income Tax has suppressed these material facts before the Special Court.

Another limb of argument was canvassed on behalf of the Accused person is that the Special Court, while taking cognizance and issuance of process has not recorded its satisfaction assigning reasons in support of its decision before issuing summons to the Accused Persons as laid down by the Supreme Court of India in the celebrated case of Sunil Barthi Mittal v. CBI. Hence, Mr. Paniyala has argued that not only the cognizance is to be set-aside, but also the entire impugned prosecution proceedings initiated by the I.T. Department should be quashed.

After a detailed hearing, the Sessions court has set-aside the issuance of summons by the Special Court and quashed the entire proceedings as illegal and not maintainable. This is considered to be a set-back for the prosecution launched by the Department of Income Tax. This matter has generated wide public interest and particularly taxation circle.Other cases are at different stages of disposal in the special court of Economic Offences and in some cases, trial has begun.

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News Network
December 15,2025

Mangaluru police have arrested a 27-year-old NRI on his return from Saudi Arabia in connection with an Instagram post allegedly containing derogatory and provocative remarks about the Hindu religion, officials said on Monday.

The accused, Abdul Khader Nehad, a resident of Ulaibettu in Mangaluru, was working in Saudi Arabia when the post was uploaded, police said.

A suo motu case was registered at the Bajpe police station on October 11 after an allegedly offensive post circulated from the Instagram account ‘team_sdpi_2025’. Police said the content was flagged for being provocative and derogatory in nature.

During the investigation, technical analysis traced the Instagram post to Nehad, who was residing abroad at the time, a senior police officer said. Based on these findings, a Look Out Circular (LOC) was issued against him.

On December 14, Nehad arrived from Saudi Arabia at Calicut International Airport in Kerala, where he was taken into custody on arrival. Police said further investigation is underway.

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News Network
December 19,2025

Mangaluru: In a decisive move to tackle the city’s deteriorating sanitation infrastructure, the Mangaluru City Corporation (MCC) has announced a massive ₹1,200 crore action plan to overhaul its underground drainage (UGD) network.

The initiative, spearheaded by Deputy Commissioner and MCC Administrator Darshan HV, aims to bridge "missing links" in the current system that have left residents grappling with overflowing sewage and environmental hazards.

The Breaking Point

The announcement follows a high-intensity phone-in session on Thursday, where the DC was flooded with grievances from frustrated citizens. Residents, including Savithri from Yekkur, described a harrowing reality: raw sewage from apartments leaking into stormwater drains, creating a "permanent stink" and turning residential zones into mosquito breeding grounds.

"We are facing immense difficulties due to the stench and the health risks. Local officials have remained silent until now," one resident reported during the session.

The Strategy: A Six-Year Vision

DC Darshan HV confirmed that the proposed plan is not a temporary patch but a comprehensive six-year roadmap designed to accommodate Mangaluru’s projected population growth. Key highlights of the plan include:

•    Infrastructure Expansion: Laying additional pipelines to connect older neighborhoods to the main grid.

•    STP Crackdown: Stricter enforcement of Sewage Treatment Plant (STP) regulations. While new apartments are required to have functional STPs, many older buildings lack them entirely, and several newer units are reportedly non-functional.

•    Budgetary Push: The plan has already been discussed with the district in-charge minister and the Secretary of the Urban Development Department. It is slated for formal presentation in the upcoming state budget.

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News Network
December 16,2025

Mangaluru, Dec 16: The Mangaluru City police have significantly escalated their campaign against drug trafficking, arresting 25 individuals and booking 12 cases under the Narcotic Drugs and Psychotropic Substances (NDPS) Act between November 30 and December 13. The crackdown resulted in the seizure of a substantial quantity of illicit substances, including 685.6 grams of MDMA and 1.5 kg of ganja.

The success of this recent drive has been significantly boosted by the city’s innovative, QR code-based anonymous reporting system.

"The anonymous reporting system has received an encouraging response. Several recent arrests were made based on inputs received through this system, helping police tighten the noose around drug peddlers," said the City Police Commissioner.

The latest arrests contribute to a robust year-to-date record, underscoring the police's relentless commitment to combating the drug menace.

Up to December 14 this year, the police have registered a total of 107 cases of drug peddling, leading to the arrest of 219 peddlers. Furthermore, they have booked 562 cases of drug consumption, resulting in the arrest of 671 individuals.

The scale of the seizure for the year reflects the magnitude of the problem being tackled: police have seized 320.6 kg of ganja worth ₹88.7 lakh and 1.4 kg of MDMA valued at ₹1.2 crore. Other significant seizures include hydro-weed ganja worth ₹94.7 lakh and cocaine worth ₹1.9 lakh, among others.

The Commissioner emphasized a policy of rigorous enforcement: "We ensure that peddlers are caught red-handed so that they cannot later dispute the case or claim innocence."

To counter the rising trend of substance abuse among youth, the Mangaluru City police have rolled out uniform guidelines for random drug testing across educational institutions.

As part of the drive, tests were conducted in approximately 100 institutions, screening an estimated 5,500 to 6,000 students in the first phase. 20 students tested positive for drug consumption during the initial screening.

Students who tested positive have been provided counselling and are scheduled for re-testing in the second quarter. The testing will also be expanded to students not covered in the first phase. In a move to ensure strict implementation, police personnel were deployed in mufti in some institutions. Reiterating a zero-tolerance stance, the Commissioner confirmed that random testing will continue, and colleges have also been instructed to conduct drug tests at the time of admission to deter substance abuse from an early stage.

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