IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.441 of 2024 An application filed under Section 482 of the Criminal Procedure Code, 1973.

Asian Pacific Shipping ..... Petitioner Company Ltd. (Onwer)

Mr. Prateik Parija, Adv.

-versus-

Union of India & Anr. ..... Opposite Parties Mr. P.K. Parhi, D.S.G.I.

along with Mr. D.R. Bhokta, C.G.C.

CRLREV No.93 of 2024 An application filed under Section 401 of the Criminal Procedure Code, 1973 read with Section 397 of the Criminal Procedure Code, 1973.

Union of India ..... Petitioner Mr. P.K. Parhi, D.S.G.I.

along with Mr. D.R. Bhokta, C.G.C.

-versus-

Asian Pacific Shipping ..... Opposite Party Company Ltd. (Onwer)

Mr. Prateik Parija, Adv.

CORAM:

JUSTICE A.K. MOHAPATRA _____________________________________________________

Date of Hearing : 20.12.2024 | Date of Judgment: 07.03.2025 ______________________________________________________

A.K. Mohapatra, J. :

1. The first application bearing CRLMC No.441 of 2024 has been filed by the Petitioner, i.e. the owner of the Shipping Company, by invoking the inherent jurisdiction of this Court under Section 482 of Cr.P.C. In such application the Petitioner, being aggrieved by a part of the order dated 12.02.2024 passed by the learned Special Judge, Kujang in Misc. Case No.02 of 2024 arising out of Case No.Spl. G.R. (N) 65 of 2023, although the Petitioner does not challenge the order dated 12.02.2024 in toto on merits, the Petitioner has approached this Court seeking partial modification of order dated 12.02.2024. However, the entire endeavour of the learned counsel appearing for the Petitioner is directed towards modification of order dated 12.02.2024 specifically, towards reducing the quantum of the Bank Guarantee as well as Indemnity Bond as has been directed by the learned Special Judge, Kujang.

2. Similarly, the Union of India has approached this Court by filing CRLREV No.93 of 2024 by invoking the jurisdiction of this Court under Section 401 Cr.P.C. read with Section 397 of Cr.P.C., 1973. The Union of India represented by the Superintendent, Customs (Preventive) Commissionerate, Bhubaneswar has prayed for quashing of very same order dated 12.02.2024 passed by the learned Additional District &

Sessions Judge, Kujang in Crl. Misc. Case No.02 of 2024.

3. Since both the matters self-same factual background facts and in both the applications the order dated 12.02.2024 passed in Crl. Misc. Case No.02 of 2024 by the learned Additional District & Sessions Judge, Kujang is under challenge, this Court deems it proper to take up both the matters together for hearing and the same is being disposed of by the following common order.

4. Before discussing the factual aspects of the matter, this Court would like to shed some light on the orders passed in the present proceeding. Initially, the application was listed before the Coordinate Bench on 22.02.2024. Since, Mr. P.K. Parhi, learned D.S.G.I. accepted notice on behalf of the Opposite Party-Union of India, the issuance of notice to the Opposite Party was waived. The order sheet further reveals that the matter was listed before the learned Coordinate Bench on several occasions. A perusal of order sheet dated 14.03.2024 indicates that the learned Coordinate Bench upon coming to know about the fact that the Opposite Party-Union of India has filed a CRLREV No.93 of 2024 challenging order dated 12.02.2024, directed the Registry to list the said CRLREV along with the present application of the Petitioner filed under Section 482 of Cr.P.C. The order dated 20.03.2024 reveals that notice was issued to the Opposite Parties which was accepted by the learned D.S.G.I.

Order dated 10.04.2024 passed by the learned Coordinate Bench reveals that a submission was made before the learned Coordinate Bench to the extent that the Petitioner seeks variation with regard to the second condition whereby the Petitioner-Company was required to furnish a bank guarantee of Rs.10,00,00,000/-. It further reveals that, the Petitioner was ready and willing to furn