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2017 Supreme(Mad) 3870

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
A.M. BASHEER AHAMED, J.
Dudnik Valentyn & Ors. - Appellants
Vs.
The Inspector of Police, 'Q' Branch CID - Respondent
Crl. A (MD) Nos. 41, 43 & 44 of 2016 & CRL MP (MD) Nos. 5452 to 5454 of 2016
Decided On : 27-11-2017

Advocates:
Advocate Appeared:
For the Appellants : Mr. E.K. Nanda Kumar, Dr. Thushara James, Mr. R. Anand, Mr. T. Mohan, P. Muthusamy, Mr. S. Sivakumar
For the Respondents: Mr. Emiliyas, Mr. T. Mohan

Headnote:

Arms Act, 1959 – Sections 25, 33, 35, 36, 30 – Penal Code, 1860 – Section 120 – Order of Conviction – Criminal Appeals are directed against the conviction and sentence passed in S.C. by Principal Sessions Judge, Thoothukudi, holding that the appellants/accused A1 to A35 are guilty for the offences under Section 25(1-A) of the Arms Act, 1959 and sentenced them to undergo Rigorous Imprisonment for five years each and to pay a fine of Rs.1000/- each, in default, Rigorous Imprisonment for six months each; to undergo Rigorous Imprisonment for one year each and to pay a fine of Rs.1000/- in default, Rigorous Imprisonment for three months each, for the offence under Section 25(1-B) of The Arms Act, 1959 and to undergo Rigorous Imprisonment for one year each and to pay a fine of Rs.1000/- each, in default, Rigorous Imprisonment for three months each, for the offence under Section 25(1-B)(f) of the Arms Act. – Held, Since the location of the ship, on the date of occurrence, found anchoring at 3.30 hrs., on 12.10.2013 within the territorial Indian water limits, as mentioned in Ex.P5 and also 12 Nautical Miles from the Marine Police Station, as contended by the prosecution, as per G.O.Ms., is not proved in this case by the prosecution. – Hence, the registration of FIR and the investigation by the respondent is not correct. – The trial Court had acquitted the accused finding not guilty under Section 120-B of IPC and Section 36(2) r/w 30 of the Arms Act, 1959 and also from the charges of Essential Commodities Act, 1955. – Special Public Prosecutor has stated that as per the Judgment, 12 Indian National accused i.e., A4 to A11, A29, A31, A32 and A35 are lodged in the Central Prison, Palayamkottai, Tirunelveli and 23 Foreign National accused i.e., A1 to A3, A12 to A28, A30, A33 and A34 are lodged in Central Prison, Puzhal, Chennai. – Criminal Appeals Allowed

JUDGMENT :

The present Criminal Appeals are directed against the conviction and sentence passed in S.C.No.262 of 2015, by the learned Principal Sessions Judge, Thoothukudi, dated 11.01.2016, holding that the appellants/accused A1 to A35 are guilty for the offences under Section 25(1-A) of the Arms Act, 1959 and sentenced them to undergo Rigorous Imprisonment for five years each and to pay a fine of Rs.1000/- each, in default, Rigorous Imprisonment for six months each; to undergo Rigorous Imprisonment for one year each and to pay a fine of Rs.1000/- in default, Rigorous Imprisonment for three months each, for the offence under Section 25(1-B) of The Arms Act, 1959 and to undergo Rigorous Imprisonment for one year each and to pay a fine of Rs.1000/- each, in default, Rigorous Imprisonment for three months each, for the offence under Section 25(1-B)(f) of the Arms Act.

2. The brief facts, which leading to filing the present appeals, are as follows:-

On 11.10.2013, the Indian Coast Guard received an information that a vessel named ''M.V. Seaman Guard Ohio'' with arms, ammunition and guards stationed at Latitude 080 52.0' North and Longitude 0780 26.7' East on 12.10.2013 at 03.30 hours and the location about 10.8 Nautical Miles from Thoothukudi Port, and 3.8 N.m from the baseline promulgated by the Ministry of External Affairs Notification SO.1197(E), Dated 11th May 2009, without any permission to enter into the Indian Coast and one unidentified boat from Thoothukudi was suspected to have sailed to that vessel for doing some illegal act. On the basis of information received, the Indian Coast Guard Station Ship "Naikidevi" intercepted the suspected vessel. On enquiry, the crew members admitted that they were carrying with arms and ammunitions on the vessel. On such admission, the Coast Guard Ship directed “M.V. Seaman Guard Ohio” proceed to Tuticorin Port, for further investigation. The vessel was accordingly escorted under the supervision of Captain KPP Kumar along with 3 armed guards of Indian Coast Guard Station. The vessel reached the port around 13.25 hrs on 12.10.2013. Thereafter, the vessel was boarded by Joint Interrogation Committee comprising representatives of Indian Coast Guard, Customs and other agencies on the same day at 14.00 hours. During interrogation, they found huge quantity of arms and ammunitions kept in the vessel ''M.V. Seaman Guard Ohio''. They verified the Deck Log book entry of the vessel and it tallied with the position of anchored vessel in the Indian Territorial waters. The Joint Interrogation continued on 13.10.2013 also and the minutes of the Joint Interrogation Committee reveals that the vessel was carrying arms, but did not have any authorisation for the same. The Master of the vessel could not produce documents or authorisation for carrying arms even after 24 hours. The minutes also observed that the vessel has received diesel illegally at Sea from a fishing boat. In accordance with the minutes of the Joint Interrogation Team, the vessel was handed over to the Coastal Security Group, Thoothukudi, on 13th October 2013. Mr. Narendran, Assistant Commandant Boarding Officer of Indian Coast Guard Ship, Naikidevi, lodged a written complaint with the Tharuvaikulam Marine Police Station, Tuticorin, narrating the aforementioned facts with details, which had come to their knowledge while inspecting the vessel.

(ii) On receipt of the written complaint on 13.10.2013 at about 18.00 hours, the Inspector of Police, Marine Police Station, Tharuvaikulam registered an FIR in Crime No.18 of 2013, u/s. 25(1B), (a)(f) of the Arms Act, 1959 and Section 7 (1)(a) (ii) of the Essential Commodities Act, 1955 and Section 2(m) (5) of Motor Spirit and High Speed Diesel (Regulation of Supply, Distribution and Prevention of Malpractices) Order, 1998 and took up investigation. Latter, on 15.10.2013, as per the orders of the Director General of Police, Tamil Nadu in R.C. No. 176936/Crime/IV(2)/2013, dated 15.10.2013, the case was tran






















































































































































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