Madras High Court
Mr.M.Jeyaseelan vs The Deputy Superintendent Of Police on 26 March, 2021
Author: A.D.Jagadish Chandira
Bench: A.D.Jagadish Chandira
Crl.O.P.No.4829 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.03.2021
CORAM
THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA
Crl.O.P.No.4829 of 2021
Mr.M.Jeyaseelan ... Petitioner
Vs.
1.The Deputy Superintendent of Police,
CBI/AC-III/New Delhi,
Crime No.RC/8A/2018/
CBI/AC III/New Delhi.
2.The Branch Manager,
Tamil Nadu Mercantile Bank Ltd.,
738, Mount Road Branch,
Chennai – 600 002. ...Respondents
Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to
direct the 1st respondent to de-freeze the Bank Locker No.SF 04-37 and
SF 01-03 which was freezed on 05.09.2018 in connection with the FIR in
Rcma1 2018A008/CBI/AC 111/New Delhi with the FIR and direct the 2nd
respondent to permit the petitioner to take jewels kept in the locker with
any condition imposed by this Hon'ble Court.
1/10
https://www.mhc.tn.gov.in/judis/
Crl.O.P.No.4829 of 2021
For Petitioner : Mr.M.Jawahar
For R-1 : Mr.K.Srinivasan,
Special Public Prosecutor (CBI Cases)
*****
ORDER
This Criminal Original Petition has been filed by the Petitioner, seeking to direct the 1st respondent to de-freeze the Bank Locker No.SF 04-37 and SF 01-03, which was freezed on 05.09.2018, in connection with the FIR in Rcma1 2018A008/CBI/AC 111/New Delhi and direct the 2nd respondent, to permit the petitioner to take the jewels which is kept in the locker with any conditions imposed by this Court.
Brief Facts:
2.A regular case in RC 08(A)/2018 of CBI, AC-III, New Delhi, was registered by the CBI / the 1st respondent on 29.05.2018, under Section 120-B IPC read with Sections 7, 8, 12 and 13 (2) read with 13 (1) (d) of the Prevention of Corruption Act, 1988 against the unknown officials of the Central Excise Department, unknown officials of the Government of Tamil Nadu, unknown officials of the Food Safety Department, unknown 2/10 https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.4829 of 2021 Public Servants and unknown private persons in compliance with the order dated 26.04.2018 of this Court made in W.P.No.19335 of 2017 with regard to illegal manufacturing and sale of Gutkha products in the State of Tamil Nadu.
3.The petitioner's son-in-law viz., S.Navaneetha Krishna Pandiyan was arrayed as A5 in this case and he was arrested. During the course of the investigation, the respondent CBI had seized the Bank locker Nos.SF04-07 and SF01-03 maintained by the petitioner with Tamil Nadu Mercantile Bank, Mount Road Branch, Chennai, reportedly containing the jewels of Smt.Chitra Pandiyan, who is the wife of A5. Thereafter, the account of the petitioner was freezed on 05.09.2018 and the keys of the lockers were seized by the 1st respondent. The present petition has been filed by the petitioner / father-in-law of A5, seeking to de-freeze the bank locker Nos.SF 04-07 and SF 01-03.
4.Learned counsel for the petitioner would submit that the petitioner is the father of Smt.Chitra Pandiyan and the father-in-law of Mr.S.Navaneedha Krishna Pandiyan, who has been arrayed as A5 in this 3/10 https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.4829 of 2021 case. He would submit that the petitioner being the father of the wife of A5 was having custody of the jewels of his daughter, which were presented to her during the time of her marriage in his locker maintained with Tamil Nadu Mercantile Bank, Mount Road Branch, Chennai. He would submit that there are only about 50 sovereigns of jewels in the locker and these jewels were purchased 20 years ago and were given as sreedhana properties at the time of marriage between the petitioner's daughter and A5. He would further submit that admittedly these jewels were purchased much earlier to the registration of the case and they have nothing to do with the allegations against A5 in the case and they are not purchased out of the “proceeds of crime” and thereby they may not be required by the respondent and that the present petition has been filed seeking for de-freezing the account of the petitioner and opening the locker and return of the jewels.
5.The Learned counsel would further submit that in a similar matter in respect of one S.Vasanthi, who is the wife of E.Sivakumar, Food Safety Officer, a co-accused in this case, this Court, by an order dated 20.08.2020 in Crl.O.P.No.6791 of 2020 had granted similar relief and 4/10 https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.4829 of 2021 directed the 1st respondent CBI to instruct the 2nd respondent Bank to hand over the Locker Key No.B-06 and also instructed the 2 nd respondent to de-
freeze the locker and allowed the petitioner in that petition to operate the Bank Locker and permitted her to take and use the jewels after taking an inventory. He would further submit that the petitioner is prepared to abide by any stringent conditions imposed by this Court and would pray that similar orders may be passed.
6.The 1st respondent / CBI has filed a detailed reply. The relevant Para No.3 of the reply is extracted hereunder:
“3.That with respect to averments made in Para no.3 of the petition, it is submitted that in the case, further investigation is in progress. On the basis of available evidences, a Charge Sheet was filed against accused S.Navaneetha Krishna Pandian (Petitioner's Son-in-law) with five other accused persons on 02.11.2018, u/s 120-B of IPC r/w Section 7, 11, 12 & 13 (2) r/w 13 (1) (d) of PC Act, 1988 and the Trial Court was pleased to take cognizance of the offences on 14.12.2020. As the further investigation in this case is 5/10 https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.4829 of 2021 still in progress, it cannot be said, as claimed by the petitioner, that the investigation is completed. It is further submitted that at present the case is pending before the Court of XII Additional Special Judge for CBI Cases, Chennai. The petitioner never approached the CBI (Respondent No.1) for the relief claimed by way of present petition. Further, the petitioner has not even approached the Trial Court for any such relief, which is the efficacious remedy available with the petitioner and he without exhausting remedies available with him directly approached this Hon'ble Court. However, considering the petitioner's submissions / undertaking to file an affidavit to produce the jewellery before the Respondent CBI whenever it is required or for further investigation and as the concerned lockers are not yet operated by the Investigating Officer (IO), the Respondent (CBI) has no objection to the prayer if the operation / de-freezing of the bank lockers is allowed in presence of the petitioner, CBI, independent witnesses and a recognized jewellery appraiser under a panchanama / memo with permission to seize the incriminating materials by the CBI during the said proceedings.” 6/10 https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.4829 of 2021
7.Mr.K.Srinivasan, learned Special Public Prosecutor (CBI Cases) appearing for the 1st respondent CBI would submit that during the course of the investigation the keys of the locker have been taken by the CBI and till date, the lockers have not been opened and no inventories have been taken in respect of the items in the lockers so far. However, the respondents have suspicion, that there might be some incriminating materials available inside the locker and that if any relief is granted to the petitioner, he should be directed to file necessary undertaking affidavits before the trial Court, stating that the petitioner will co-operate for taking inventories in the presence of the officials of CBI and the officials of the bank and that he has no objection in the seizure of any other incriminating materials other than the jewels found inside the locker and he should also give an undertaking that the jewels will not be disposed until further orders.
8.At this juncture, the learned counsel for the petitioner would submit that the petitioner has no objection in giving necessary undertakings to the effect that if any incriminating material other than the 7/10 https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.4829 of 2021 jewels is found in the lockers and he has no objection in the materials being seized and that he will not dispose the jewels until further orders.
9.In view of the above, the Criminal Original Petition stands allowed. The respondent shall instruct the bank officials to de-freeze the locker and permit the petitioner to operate the locker on the following conditions;
i)the petitioner shall execute a bond for a sum of Rs.1,00,000/- [Rupees One Lakh Only] before the respondent;
ii)the respondent shall fix a date within a period of two weeks from the date of receipt of a copy of this order for opening the locker and take inventory of the items in the locker in the presence of the respondent and the bank officials;
iii)the petitioner shall file an affidavit of undertaking stating that he has no objection in the respondent seizing if any other incriminating material other than the jewels is found in the locker and that he will not dispose the jewels until further orders and that he will produce the jewels as and when called upon by the respondent; 8/10 https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.4829 of 2021
10.With the above directions, the Criminal Original Petition stands disposed of.
26.03.2021 Index:Yes/No Internet: Yes/No ssi To
1.The Deputy Superintendent of Police, CBI/AC-III/New Delhi, Crime No.RC/8A/2018/ CBI/AC III/New Delhi.
2.The Branch Manager, Tamil Nadu Mercantile Bank Ltd., 738, Mount Road Branch, Chennai – 600 002.
3.The Public Prosecutor, High Court of Madras, Chennai.
9/10 https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.4829 of 2021 A.D.JAGADISH CHANDIRA, J., ssi Crl.O.P.No.4829 of 2021 26.03.2021 10/10 https://www.mhc.tn.gov.in/judis/