DAVID MATHAI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Respondent No.2 lodged the FIR before the Indiranagar Police Station alleging that, during the investigation conducted by the Directorate of Revenue Intelligence (DRI) Bangalore, it was found that E-seals supplied by company were passing clearances from Customs at Exports Port Gate even when it was not in a locked condition and it was also found that E-seals were tampered, that the particular seal could be scanned at a distance of few meters without being in a locked condition, and that there were email communications indicating that they had switched off the "Tampering Alerts" option in their software. It was further alleged as per the data retrieved from the emails corresponding to key persons of the company it was evident that the e-seals supplied by the company were reported to be tampered at the port of discharge, the company had switched off the feature on readers to detect the tempering of e-Seals lead to containers with the tampered seals leaving the country without being detected by the Customs Officers.

(2.) The Police registered the FIR for the offences punishable under Ss. 66 (C), 72 (A) of the Information Technology Act , 2000, and Ss. 406 , 420 read with 34 of IPC . Taking exception to the same, this petition is filed.

(3.) Learned counsel appearing for the petitioner-accused No.3 submitted that the petitioner-accused No.3 is not the Managing Director of the accused No.1 company as alleged in the FIR and in the absence of any material, the registration of the FIR against the petitioner-accused No.3 is without any substance.