MENAKA Vs. STATE

JUDGEMENT

(1.) This petition has been filed to set aside the return docket order passed by the learned Judicial Magistrate Court No.II, Dindigul, in Crl.M.P.SR.No.7883 of 2023, dtd. 8/8/2023.

(2.) The defacto complainant is working as Deputy Senior Head in the second respondent Company. The second respondent company is engaged in refining edible oil, coconut crushing and solvent extraction in the factory situated at Shanmuga Nagar, Thlaiyuthu, Palani. They are also doing refinery processing of vegetable oil involving degumming, Neutralization, Bleaching, De-waxing (Cooling & Chilling) and Deodorization. In the said factory, one Sivakumar is working as Assistant General Manager and one Kirun Kumar is working as Assistant Manager. They conspired along with other accused created a false stock report and misappropriated 1597.82 Metric Tons. Thereby, caused loss to the tune of Rs.18.84 crores to the Company. Therefore, he lodged a complaint before the respondent police. The respondent police registered a case in Crime No.2 of 2022 for the alleged offences under Ss. 120(b), 406, 462, 468, 477A. After registration of the said case, they arrested the accused and on the basis of the confession, huge quantity of oils among the above misappropriated oils kept under the custody of the petitioner's factory and the same was seized by the respondent police. According to the Investigating Agency, the same was edible oil namely, Crude Sunflower Oil. But, according to the petitioner, the seized oil from the premises of the petitioner is the non-edible oil and the same is used for the preparation of lamp oil. The same cannot be used for cooking purpose. The petitioner is running a business under the name and style of "Sarathy Krishnan" and they processed the lamp oil from the raw material of petroleum products namely, Rajprol SBF, Group, Base oil Group. They also produced the voucher for the said seized items. Therefore, they filed a petition in Crl.MP.No.13680 of 2022 before the learned Judicial Magistrate Court No.II, Dindigul, under Sec. 451 Cr.P.C seeking interim custody of the oil. The said petition was dismissed by the learned trial Judge on 5/9/2022. Thereafter, they filed revision before this Court in Crl.RC.(MD).No. 989 of 2022 and the same was disposed of with the following terms on 14/10/2022:-

(3.) Thereafter, the petitioner filed an another petition in Cr.MP.SRNo.7883 of 2023 before the learned trial Judge, seeking interim custody of the said oil and the same was dismised on 8/8/2023 by passing the following order:-