RAVI KAPOOR; V SIVAKUMAR Vs. STATE

JUDGEMENT

(1.) Criminal Revision Case No. 871 of 2007 is directed against the order passed in M.P. No. 944 of 2007 and Criminal Revision Case No. 901 of 2007 is filed against the order passed in M.P. No. 920 of 2007 on the file of the Additional Chief Metropolitan Magistrate, Egmore, Chennai.

(2.) The petitioner in Criminal Revision Case No. 871 of 2007 is an accused in Crime No. 207 of 2007 on the file of the Additional Chief Metropolitan Magistrate, Egmore, Chennai and the petitioner in the other Criminal Revision Case is the de facto complainant therein. Both of them have claimed interim custody of imported Komori Offset Printing Machine invoking-the provision under Section 451 of the Code of Criminal Procedure.

(3.) The petitioner in Criminal Revision Case No. 871 of 2007 would contend that he imported Komori Offset Printing Machine through Mayrose Machinery Limited as per invoice No. 4066 for a sum of GBP 10,000/-. He has also paid the customs duty and cleared the goods. By virtue of improper search warrant, the said machine was seized by the respondent police and therefore, the petitioner in Criminal Revision Case No. 871 of 2007 is entitled to interim custody, it is contended.