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2022 Supreme(Mad) 635

M.NIRMAL KUMAR
Union of India Rep. by The Senior Intelligence Officer, Directorate of Revenue Intelligence, Chennai – Appellant
Versus
State represented by The Inspector of Police, Chennai – Respondent


Advocates Appeared:
For the Petitioner:N.P. Kumar for M/s. K. Sathithya, Advocates.
For the Respondents: R1, E. Raj Thilak, Additional Public Prosecutor, R2 to R4, No Appearance.

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 person

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