Madras High Court
Meerasa vs State : The Sub-Inspector Of Police on 17 February, 2022
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 17.02.2022
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Crl.R.C.(MD) No.32 of 2022
Meerasa ...Petitioner
Vs.
State : The Sub-Inspector of Police,
Thermal Nagar Police Station,
Thoothukudi.
Crime No.46 of 2021. ...Respondent
PRAYER: Criminal Revision Case filed under Section 397 and 401
Cr.P.C. praying to call for the records pertaining to the order passed in
Cr.M.P.No.4127 of 2021 dated 22.09.2021 on the file of the learned
Judicial Magistrate Court No.II, Thoothukudi, and set aside the same as
illegal and directing the respondent forthwith to return the petitioner's
property namely 2.5 tons of Turmeric.
For Petitioner : Mr.A.Ajtih Geethan
For Respondent : Mr.K.Sanjai Gandhi,
Government Advocate (Crl. Side)
https://www.mhc.tn.gov.in/judis
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ORDER
This Criminal Revision Petition has been filed challenging the order passed in Cr.M.P.No.4127 of 2021 dated 22.09.2021 on the file of the learned Judicial Magistrate No.II, Thoothukudi, thereby, dismissing the petition for return of property which was seized from the graveyard.
2. The case of the prosecution is that, on 19.06.2021, when the respondent and the other police persons were in rounds, they had received an information about the suspected goods in gunny bags at graveyard of Labour Colony, New Port, Thoothukudi. Thereafter, they went there and seized the unclaimed raw turmeric in 50 gunny bags in the presence of witnesses, weighing about 2500 Kilograms, worth about Rs.3,50,000/-.
3. Pursuant to the seizure of turmeric, F.I.R. has been registered in Crime No.46 of 2021 for the offences under Section 102 of Cr.P.C on 19.06.2021. The entire goods were unclaimed and entered in Form-91 in the presence of witnesses and they were forwarded to the jurisdictional Magistrate. Further, it reveals that the raw turmeric which was seized from the graveyard near port, is meant for illegal https://www.mhc.tn.gov.in/judis transportation through sea.
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4. While pending investigation, the petitioner filed petition for return of the seized goods on the ground that he has business place in the name and style of MNK Traders at Door No.4/71, Loorthammal 2nd Street, Thoothukudi. However, on verification of the said address, it is found that the said site is a vacant land and that there is no such business entity run by the petitioner.
5. That apart, the petitioner is a habitual offender and he had already involved in 15 previous cases in which 10 cases are similar in nature which are as follows:
Sl.No Station OR. Section Stage No. 1 Forest Department 09/07 9, 39(1)(a)(b)(d), UT 393(a)(b)(c), 40(2), 49A (a)(b), 50, 51(1) of Wildlife Protection Act, 1972 2 Forest Department 14/10 9, 39(1)(a)(b)(d), UT 393(a)(b)(c), 40(2), 49A (a)(b), 50, 51(1) of Wildlife Protection Act, 1972 3 Forest Department 20/10 9, 39(1)(a)(b)(d), UT 393(a)(b)(c), 40(2), 49A (a)(b), 50, 51(1) of Wildlife Protection https://www.mhc.tn.gov.in/judis Act, 1972 4 Sl.No Station OR. Section Stage No. 4 Forest Department 04/15 9, 39(1)(a)(b)(d), CC Awaited 393(a)(b)(c), 40(2), 49A (a)(b), 50, 51(1) of Wildlife Protection Act, 1972 5 Forest Department 13/15 9, 39(1)(a)(b)(d), UT 393(a)(b)(c), 40(2), 49A (a)(b), 50, 51(1) of Wildlife Protection Act, 1972 6 Forest Department 01/19 9, 39(1)(a)(b)(d), UT 393(a)(b)(c), 40(2), 49A (a)(b), 50, 51(1) of Wildlife Protection Act, 1972 7 Forest Department 05/19 9, 39(1)(a)(b)(d), UT 393(a)(b)(c), 40(2), 49A (a)(b), 50, 51(1) of Wildlife Protection Act, 1972 8 Forest Department 06/19 9, 39(1)(a)(b)(d), UT 393(a)(b)(c), 40(2), 49A (a)(b), 50, 51(1) of Wildlife Protection Act, 1972 9 Forest Department 04/20 9, 39(1)(a)(b)(d), UT 393(a)(b)(c), 40(2), 49A (a)(b), 50, 51(1) of Wildlife Protection Act, 1972 10 Forest Department 07/21 9, 39(1)(a)(b)(d), UT 393(a)(b)(c), 40(2), 49A (a)(b), 50, 51(1) of Wildlife Protection https://www.mhc.tn.gov.in/judis Act, 1972 5 SL.No Station Cr. No. Section Stage
1. North PS. 802/15 120(b), 323 Disposal IPC
2. North PS. 182/18 120(b), 403, Referred 406, 420, 477(A) IPC
3. Thalamuthunagar 03/20 51(1), 9 UI PS
4. Tharuvaikulam PS 61/16 147, 294(b), Referred 323, 324, 354, 506(i) IPC
5. DCB 02/18 403, 406, Referred 417, 419, 420 IPC
6. Further, on perusal of the Registration Certificate of MNK Traders, it revealed that the MNK Traders is owned by the petitioner herein and it does not say what business, the said MNK Traders was registered with GST. The invoice produced by the petitioner revealed that the MNK Traders purchased turmeric of about 3000 Kilograms. Further, the entire goods were kept in the graveyard and no one was there to protect the same.
https://www.mhc.tn.gov.in/judis 6
7. Therefore, the Court below has rightly rejected the claim of the petitioner and this Court finds no infirmity and illegality in the order passed by the Court below. Hence, the Criminal Revision Case is dismissed.
17.02.2022 Internet:Yes Index:Yes/No Lm Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To
1.The Sub-Inspector of Police, Thermal Nagar Police Station, Thoothukudi.
Crime No.46 of 2021.
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
https://www.mhc.tn.gov.in/judis 7 G.K.ILANTHIRAIYAN,J.
Lm Crl.R.C.(MD) No.32 of 2022 17.02.2022 https://www.mhc.tn.gov.in/judis