MARIYA ANTON VIJAY Vs. STATE

JUDGEMENT

(1.) Crl.O.P.(MD)No.6719 of 2014 has been filed by A3 to A37 to quash the final report in P.R.C.No.1 of 2014 on the file of the Judicial Magistrate No.I, Tuticorin and Crl.R.C.(MD)No.204 of 2014 has been filed by A38 challenging the cognizance taken by the Judicial Magistrate No.I, Tuticorin, in P.R.C.No.1 of 2014 on the final report filed by the respondent police.

(2.) The factual matrix in this case as disclosed in the final report filed by the police is as follows:

(3.) The police completed the investigation and filed a final report against 45 accused for offences under Sections 33, 35 and 3 r/w. Section 25(1B)(a), Section 7 r/w. 25(1A), Section 10 r/w. Section 25(1B)(f) of the Arms Act, 1959 and Section 3(2)(d) r/w. 7(1)(a)(ii) of the Essential Commodities Act, 1955 and Order 2(e)(v)(vi) of Motor Spirit and High Speed Diesel (Regulation of Supply, Distribution and Prevention of Malpractices) Order, 1998 and Section 120(B) of Indian Penal Code, 1860. Advantfort Company, the owner of the Vessel is the first accused and one Frajallah, the owner of the Company is the second accused. A3 to A13 are the Captain and Crew of the Ship. A14 to A37 are the Security Guards who were present in the Ship. A38 to A45 are persons in India who supplied food and fuel to the Ship. In short, the prosecution case is that A1 to A45 had entered into a criminal conspiracy pursuant to which A1 to A37 were in possession of prohibited firearms without license within the territory of Indian sea and further A38 to A45 had illegally supplied foodstuffs and fuel to the ship in violation of Motor Spirit and High Speed Diesel (Regulation of Supply, Distribution and Prevention of Malpractices) Order, 1998 punishable under Section 7 of the Essential Commodities Act, 1955.