Crl.O.P.No.25547 of 2021

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Reserved on : 31.01.2022

Pronounced on : 08.07.2022

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

CRL.O.P.No.25547 of 2021

Union of India Rep. by

The Senior Intelligence Officer,

Directorate of Revenue Intelligence,

Chennai Zonal Unit,

No.27, Adarsh Towwers, G.N.Chetty Road,

T.Nagar, Chennai – 600 017.

... Petitioner

Vs.

1. The State represented by

The Inspector of Police

S5 Police Station, Pallavaram,

Chennai.

... 1^st Respondent /

Complainant

2. Saravanan

3.Mohammed Naseer

4.Praburam

... Respondents 2 to 4 /

Accused

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.

For Petitioner

:

Mr. N.P.Kumar

for M/s.K.Sathithya

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Crl.O.P.No.25547 of 2021

For Respondent-1

:

Mr.E.Raj Thilak

Additional Public Prosecutor

For Respondents

:

No Appearance

(R2 to R4)

*****

O R D E R

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 2^nd respondent herein, appeared before the Inspector

of Police, S5, Police Station, Pallavaram, Chennai, the 1^st 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

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Crl.O.P.No.25547 of 2021

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

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Crl.O.P.No.25547 of 2021

involvement of the 2^nd Respondent and others, the Senior Intelligence

Officer, Directorate of Revenue Intelligence, Chennai Zonal U