HARJEET SINGH Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) THE petitioner is one of the accused in Crime No.18 of 2013 on the file of Tharuvaikulam Marine Police Station and now being on the file of the respondent. On completing the investigation in the said case, the respondent herein filed a final report before the learned Judicial Magistrate No.I, Thoothukudi, alleging that the accused have committed the offences punishable under Sections 33, 35 and 3 read with Section 25(1 B) (a), Section 7 read with 25(1 A), Section 10 read with Section 25(1 B) (f) of the Arms Act, 1959 and Rule 30 of the Arms Rules, 1962, Section 36(2) read with Section 30 of the Arms Act, 1959 and Section 3(2)(d) read with 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. The final report was filed as against a total number of 45 persons, including the petitioner herein.

(2.) SEEKING to quash the final report, the accused Nos.3 to 37 in the case, filed Crl.O.P(MD)No.6719 of 2014, before this Court under Section 482 Cr.P.C. and the accused No.38 filed a revision in Crl.R.C(MD)No.204 of 2014, challenging the order of the learned Judicial Magistrate No.I, Thoothukudi, taking cognizance. By a common order, dated 10.07.2014, this Court quashed the final report and the consequential proceedings as against all the petitioners therein except the first petitioner. So far as, the first petitioner in Crl.R.C.No.448 of 2014 is concerned, this Court held that he should face the prosecution for the offence under the Essential Commodities Act alone. As against the said order of this Court, the respondent has approached the Hon'ble Supreme Court by way of Special Leave Petitions in S.L.P(Criminal)No.7099 of 2014 and S.L.P(Criminal) No.7082 of 2014. It is reported to this Court that the Hon'ble Supreme Court has ordered notice in the said Special Leave Petitions and subsequently the petitioners have appeared through their counsel and taken time for filing counter. Thus, the Special Leave Petitions are still pending on the file of the Hon'ble Supreme Court.

(3.) WHILE so, the petitioners/accused filed Crl.M.P.No.4047 of 2014 before the learned Judicial Magistrate No.I, Thoothukudi, under Section 451 Cr.P.C., for the return of their personal belongings, travel documents, such as, passport, C.D.C., educational qualification certificates, etc. These properties were all kept in the vessel, which was seized by the respondent in connection with the case. The said petition was opposed by the respondent before the learned Judicial Magistrate No.I, Thoothukudi. By order, dated 20.08.2014, the learned Judicial Magistrate No.I, Thoothukudi has dismissed the said petition. Challenging the same, the other accused filed Crl.R.C.No.448 of 2014. The petitioner has come up with this petition seeking the same relief.