Madras High Court
Chen Teh Sheng vs State Represented By The Inspector Of ... on 28 April, 2026
Author: M.Nirmal Kumar
Bench: M. Nirmal Kumar
CRL OP No. 10760 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28-04-2026
CORAM
THE HON'BLE MR JUSTICE M. NIRMAL KUMAR
CRL OP No. 10760 of 2026
and
Crl.MP.No.7621 of 2026
1. Mr.Chen Teh Sheng
S/o. Chen Shih-Chui,
24F, No.53-3, Sec 3, Renai Road, Daan Dist.,
Taipei City 106676, Taiwan (R.O.C.)
2. Mr. Chen Shao Hsiang
S/o. Chen Teh Sheng
14F, No.53-1, Sec 3, Renai Road, Daan Dist.,
Taipei City 106676, Taiwan (R.O.C.)
..Petitioner(s)
Vs
1. State Represented by The Inspector of Police
Central Crime Branch,
Avadi Police Commissionerate,
Avadi, Chennai.Crime No. Not known of 2025
2. Mr. Subramanyan Sathyan Muthy Balakrishnan
Chief Executive Officer,
M/s. Cosmoss Vu Limited,
RM 12, 12/F, Horizon East,
No.01, TSAT Po Street,San Po Kong, Kowloon,
Hong Kong.
..Respondent(s)
For Petitioner(s): Mr.P.V. BALASUBRAMANIUM
SENIOR COUNSEL
FOR Deepika Murali
For Respondent(s): Mr. LEONARD ARUL JOSEPH SELVAM
ADDITIONAL PUBLIC PROSECUTOR
for R1
__________
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CRL OP No. 10760 of 2026
ORDER
The petitioners, who are arrayed as A13 & A14 in Crime No. 98 of 2025 for offences under Sections 316(2), 318(4), and 61(2) of the Bharatiya Nyaya Sanhita, 2023, filed the present petition seeking to quash the proceedings.
2.The gist of the prosecution case is that the defacto complainant, the Chief Executive Officer of M/s.Cosmoss Vu Limited, lodged a complaint stating that the Company had imported multiple consignments of PVC Resin from Tianjin Xingang and Qingdao, China, to Kattupalli Port, India, through shipping Carriers. The said goods were imported by M/s.Rishab Triexim LLP and M/s.Kanchan Polymers. Upon arrival at Kattupalli Port on various dates, the containers were discharged and transported to the Container Freight Station. The petitioners are Directors of TS Container Lines PTE. Ltd., The primary allegation against the petitioners is that the petitioners, conspired and created forged documents, fabricated receipts, and unlawfully obtained delivery orders, playing fraud on the customes department, thereby, committed offences of criminal breach of trust, cheating and conspiracy for allegedly giving cargo without delivery instructions.
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3. The learned counsel for the petitioners submitted that the petitioners are foreign Directors of TS Container Lines PTE. Ltd., and they are running a carrier container service. The goods, which have been booked by the consignor are transported and delivered in the container yard. It is contended that they have no role in the clearance or transportation of goods at the Container Freight Station. It is further submitted that in similarly placed case in Crl.O.P.No.6797 of 2026, co-accused was granted protection by order dated 23.03.2026 and the same relief may be extended to the petitioners.
4. Per contra, Mr. Leonard Arul Joseph Selvam, learned Additional Public Prosecutor appearing for the first respondent, submitted that the FIR was registered on 22.09.2025 and that there are in total, 21 accused persons. The investigation is extensive in nature, involving misappropriation of goods valued at approximately Rs. 15 crores. It requires collection of documents from multiple Agencies, both within India and abroad. It is submitted that only after substantial progress in investigation can the specific role of each accused be ascertained, and at this stage, the petitioners cannot seek to be absolved merely on the ground of their designation as Directors of TS Container Lines PTE. Ltd.,.
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5. This Court had earlier directed the respondent police to continue with the investigation but not to file the final report. In view of the same, it is directed that no coercive action shall be taken against the petitioners unless specific materials are gathered and the Investigating Officer arrives at a subjective satisfaction regarding the petitioners’ involvement. Thereafter, action, if any, shall be taken strictly in accordance with law.
6.Mr.Leonard Arul Joseph Selvam, learned Additional Public Prosecutor takes notice for the first respondent.
7.Notice to the second respondent returnable by 17.06.2026. Private Notice is also permitted.
8. Post the matter on 17.06.2026.
28-04-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No sms To
1. The Inspector of Police Central Crime Branch, Avadi Police Commissionerate, Avadi, Chennai.
2. The Public Prosecutor High Court, Madras.
__________ Page4 of 5 https://www.mhc.tn.gov.in/judis CRL OP No. 10760 of 2026 M.NIRMAL KUMAR, J.
sms CRL OP No. 10760 of 2026 28-04-2026 __________ Page5 of 5 https://www.mhc.tn.gov.in/judis