Orissa High Court
Asia Pacific Shipping Company vs State Of Odisha ..... Opposite Party on 21 April, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No. 1475 of 2025
Asia pacific Shipping Company ..... Petitioner
Limited (Owner)
Mr. R.S. Samal, Advocate
-versus-
State of Odisha ..... Opposite Party
Ms. Shiv Mohanty, ASC
Mr. S.J. Mohanty, ASC
CORAM:
HON'BLE MISS JUSTICE SAVITRI RATHO
ORDER
21.04.2025 Order No.
01. (Through hybrid Mode)
1. This CRLMC has been filed with a prayer to comply the condition laid by the learned court below in condition no. III, page no.17 of the order dated 12.02.2024 under Annexure-1 by directing the opposite parties to allow the petitioner to comply the order of the learned court below as soon as possible for the interest of justice.
2. Annexure-1 is the order dated 12.02.2024 passed in Criminal Misc. Case No. 02 of 2024 by the learned Additional District and Sessions Judge, Kujang directing for release of the seized vehicle i.e. M.V. DEBI bearing International Maritime Organisation (IMO) No. 9616735 to be released on the zima of the petitioner i.e. Asia Pacific Page 1 of 5 Shipping Company Ltd. (Owner) represented through its Authorised Legal Representative Mr. Nguyen Quoc Anh by executing proper zimanama by the Investigating Officer of this case subject to the following conditions:
"(i) The petitioner is directed to file bank guarantee of Rs.
10,00,00,000/- (ten crores) executed in any nationalised bank within the jurisdiction this court.
(ii) Further, the petitioner file an indemnity bond to the tune of the valuation of the vessel Rs.100,00,00,000 (rupees hundred crores) and one solvent surety for the like amount.
(iii) The petitioner is to file four hard copies of self attested photographs taken from all angles of the seized vessel. The digital photographs and a video clip of not more than one minute duration of the vessel from all angles, stored in a pen-drive is also to be filed. The date on which data has been stored or copies to the pen-drive is to be furnished too. The photos and video stored in the pen-drive should be clearly visible and the photos should also reveal the International Maritime Organization (IMO) number of the vessel clearly. The images should be in JPG/JPEG/PNG format and the Page 2 of 5 video should be of MPS/MOV/AVI etc. format. The digital photographs and video clip be encrypted with a hash tag with date and time stamp with hash value. The digital photograph and video clip should carry date and time stamp with regard to their origin. Such photos and video clips are to be prepared in the presence of the both the parties. The cost of entire exercise is to be borne by the petitioner.
(iv) the aforesaid direction should be complied under the supervision of dealing assistant, Sri Durga Prasad Panda, Head Clerk who is also directed to supervise the compliance of above direction and to keep the encrypted copy with calculating hash value and the above compliance should be in accordance with the SOP as fixed by the Hon'ble High Court in W.P.C. No.34622/2021.
(v) He is not to tamper with the International Maritime Organization (IMO) number and colour of the said vessel and he is to keep the same in running condition.
(vi) He is not to dispose of the vessel in any manner pending trial of the present case and he is not to utilize the vessel in any illegal or criminal activity.
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(vii) He is to file an undertaking that if ultimately it is found that he was not entitled to receive the possession of the seized vessel, and thereafter he is unable to return the vessel, the value of the vessel shall be recovered from him by enforcing the bonds and the security taken from him." It had also been directed that the Investigating Officer will permit the petitioner to take photographs and video of the vessel and to ensure that the photographs and video is taken in presence of both the parties. The complainant (petitioner) was remained present before the Court for necessary compliance of the aforesaid direction.
3. Mr. R.S. Samal, learned counsel for the petitioner submits that the Customs Officers are not permitting the petitioner to take photographs and video of the vessel. He further submits that crew members who are on board the ship have clicked the photographs of the vehicle and the order may be modified permitting those photographs to be compliance of the order dated 12.02.2024.
4. Mr. S.J. Mohanty, learned Additional Standing Counsel submits relating to release of the ship, two other petitions had been filed in this Court namely, CRLMC No. 441 of 2024 by the petitioner and Criminal Revision No. 93 of 2024 by the Union of Page 4 of 5 India where a common judgment has been delivered on 07.03.2025 by a co-ordinate Bench. He further submits that Union of India/ Customs (Preventive) Commissionerate is a necessary party in this application.
5. List this matter day after tomorrow i.e. on 23.04.2025 along with the common judgment and records of two disposed of cases namely, CRLMC No. 441 of 2024 and Criminal Revision No. 93 of 2024.
(Savitri Ratho) Judge puspa Signature Not Verified Digitally Signed Signed by: PUSPANJALI MOHAPATRA Reason: Authentication Location: Orissa High Court Date: 21-Apr-2025 18:56:55 Page 5 of 5