Madras High Court
Greenstar Fertilizer Limited vs The Union Of India Rep. By on 31 August, 2018
Author: M.Dhandapani
Bench: M.Dhandapani
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 31.08.2018 CORAM THE HONOURABLE MR.JUSTICE M.DHANDAPANI CRL RC No.958 of 2018 Greenstar Fertilizer Limited, SPIC Nagar, Tuticorin-628 005, Rep. by its Company Secretary, M.Madhankumar ... Petitioner Vs. The Union of India rep. by The Intelligence Officer, Narcotic Control Bureau, Chennai Zone Unit, Chennai. ... Respondent PRAYER: Criminal Revision petition has been filed under Sections 397 and 401 of the Code of Criminal Procedure, to set aside the order in Crl.M.P.No.436 of 2018 in R.R.No.8 of 2018 dated 07.07.2018, on the file of Hon'ble Principal Special Court under EC & NDPS Act Chennai to direct the Respondent to return the 350 HDPE gunny bags of 50 kilograms each after submitting photographs of the property with the help of NCB Officers. For Petitioner : Mr.T.D.Selvan Babu For Respondent : Mr.N.P.Kannan Special Public Prosecutor O R D E R
The petitioner has filed this Criminal Revision Petition to set aside the order in Crl.M.P. No.436 of 2018 in R.R.No.8 of 2018 dated 07.07.2018, on the file of the learned Principal Special Court under (EC & NDPS Act), Chennai to direct the Respondent to return the 350 HDPE gunny bags of 50 kilograms each after submitting photographs of the property with the help of NCB Officers.
2.The petitioner is the owner of Alumina Hydrate in 350 HDPE gunny bags of 50 kilograms each, which is a raw material used for extracting and used in the manufacture of fertilizers in regular course on a continuous basis and the said raw material was purchased by them from National Aluminium Company Limited, Damanjodi, Odissa. When the raw materials were transported in a Truck bearing Registration No.TN-67-F-4579 for delivering the same to the petitioner's factory at Tuticorin, the respondent found that the driver of the Truck along with another was carrying Narcotics along with the petitioner's goods and seized all the goods and arrested the accused. The petitioner is no way connected with the alleged offence. The said raw materials are perishable and also were urgently required for manufacturing of fertilizers and production schedule was also affected due to non-availability of the said goods. On coming to know of that, the petitioner filed Crl.M.P.No.436 of 2018 under Section before the Principal Special Judge, Principle Special Court under EC & NDPS Act, Chennai, seeking for return of property and the learned Judge, by order dated 07.07.2016, granted interim custody of the property to the petitioner on certain conditions, which are as follows:
(i) the petitioner shall execute a bond for Rs.4,00,000/- (Rupees Four Lakhs only) along with two sureties each for like sum.
(ii) Since, the investigation is not completed in this case till the filing of complaint, the petitioner shall not alienate or use the property and to keep the property as such.
(iii) the petitioner shall take photographs of the property with help of NCB Officers and produce the photographs in the Court.
3.Heard the learned counsel for the petitioner as well as the learned Special Public Prosecutor for the respondent.
4. The learned Special Public Prosecutor would submit that the dispute is with regard to the value of the property and therefore, the petitioner may be directed to deposit some amount.
5. To meet the ends of justice, this petition is allowed on condition that the petitioner shall deposit a sum of Rs.4 lakhs to the credit of R.R.No.8 of 2018 before the Principal Special Court under EC & NDPS Act, Chennai-104 M.DHANDAPANI, J kal and on such amount being deposited, the Court below is directed to return the property to the petitioner.
31.08.2018 Index : Yes / No Internet : Yes / No kal To 1.The Intelligence Officer, Narcotic Control Bureau, Chennai Zone Unit, Chennai. 2.The Principal Special Court under EC & NDPS Act, Chennai. 3.The Special Government Pleader, High Court of Madras. CRL R.C No.958 of 2018