JUDGMENT :

(Prayer: Criminal Original Petitions filed under Section 482 of the Code of Criminal Procedure, to set aside order dated 22.09.2021 in Crl.M.P.No.1824 of 2021 in Cr.No.437 of 2021 on the file of the Learned Judicial Magistrate No.2, Tambaram, Chennai, for the reason stated above and pass by giving outright/absolute custody of the said Gold to the petitioner herein, vesting the right to dispose it off under Section 110 of the Customs Act, 1962 and facilitating further action under the said Act.)

1. This Criminal Original Petition has been filed praying to set aside order, dated 22.09.2021 in Crl.M.P.No.1824 of 2021 in Cr.No.437 of 2021, on the file of the Learned Judicial Magistrate No.2, Tambaram, Chennai.

2. The gist of the case is that on 23.08.2021, at 20.00 hrs, one Saravanan, the 2nd respondent herein, appeared before the Inspector of Police, S5, Police Station, Pallavaram, Chennai, the 1st respondent herein, gave a written complaint stating that he is working as Supervisor, Oberoi Flight Services. On 23.08.2021, after his night shift at 4.30 hrs., he was travelling on GST Road, Pallavaram Bridge, in his two wheeler. At that time, he was suddenly stopped by two persons, they snatched his mobile phone along with the two wheeler. Latter, he changed track and gave another complaint on 24.08.2021 at 21.45 Hrs stating that he was on night shift on 23.08.2021, when he was unloading the food packets at Airport Bay 23, one Ilayaperumal, a known person, came to him and handed over 08 Gold bars, wrapped up in black cover, to be handed over to one Imran, Alandur. He concealed the same in his truck and came to Oberoi Flight Service. After his duty, he left at 04.50 hrs, by concealing 08 gold bars, behind the seat cover and drove towards Alandur to meet Imran. On the way at GST Road, two persons intercepted him, assaulted, snatched his mobile and drove away his two wheeler.

3. On investigation, the complainant Saravanan turned to be the prime accused of the robbery of smuggled 09 Kg of gold. Subsequently, on 26.08.2021, the said Saravanan was arrested along with co-accused viz., Mohammed Nazeer and Praburam, the respondents 3 and 4. The properties involved in the crime viz., 09 Kgs of Gold (08 gold bars of 01 Kg, each with 08 gold bars of 125 gms), Mobile Phone and a two wheeler have been recovered. On 26.08.2021, the properties were produced before the leaned Judicial Magistrate No.II, Tambaram, Chennai, who ordered the safe custody, after its evaluation.

4. Since the property viz., 9 Kgs of Foreign origin gold, appeared to have been smuggled into India, through Chennai Airport, by Qatar Airways Flight, from Qatar, on 23.08.2021, engaging the services of Flight cleaning staff and Flight Catering Staff, with the active involvement of the 2nd Respondent and others, the Senior Intelligence Officer, Directorate of Revenue Intelligence, Chennai Zonal Unit, filed a sworn affidavit before the learned Judicial Magistrate No.II, seeking custody of the property for further investigation, in accordance with the provisions of the Customs Act, 1962. The learned Judicial Magistrate No.II, Tambaram, while returning the property viz., 9 Kgs gold, as interim custody to the petitioner, directed to return back the property to the Court, after completion of the investigation or when the property is not necessary.” vide order dated 22.09.2021.

5. Mr.N.P.Kumar, the learned Special Public Prosecutor appearing for the petitioner – Directorate of Revenue Intelligence, would submit that the petitioner is the Senior Intelligence Officer, Directorate of Revenue Intelligence, Chennai Zonal Unit, filed this Writ Petition, seeking to set aside the order, dated 22.09.2021, passed in Crl.M.P.No.1824 of 2021, by the Judicial Magistrate No.II, Tambaram. The grievance of the petitioner is that the learned Judicial Magistrate No.II, Tambaram, while returning the property viz., 9 Kgs gold, as interim custody to the petitioner, directed to return back