PAZHA NEDUMARAN Vs. STATE

JUDGEMENT

(1.) This appeal has been preferred by the appellant against the order dated 02.03.2007 passed in Crl.M.P.No.11292 of 2006 in S.C.No.443 of 2005 on the file of the learned I Additional Sessions Judge, City Civil Court, Chennai.

(2.) The appellant, who has been arrayed as 1st accused in S.C.No.443 of 2005, filed Crl.M.P.No.11292 of 2006 under Sec. 452 Crimial P.C. 1973 to return back the books seized by the respondent police alleging that the Government of Tamil Nadu issued an order in G.O.Ms.No.972 to withdraw the case against the appellant and on the basis of the said Government Order, the case has been withdrawn by the respondent. By the judgment dated 18.10.2006, the accused were acquitted under section 321(b) Crimial P.C. 1973 According to the appellant, at the time of arrest, some books were seized from the appellant by the respondent police and same were kept by the respondent police in their safe custody. Since the seized books were written by the appellant and the same were kept for export for selling in foreign countries, no purpose would be served to keep those books in the custody of the respondent police. Hence, the appellant prayed for return of the books.

(3.) The respondent police opposed the petition filed by the appellant stating that the books which were seized from the appellant contain speeches of the appellant supporting the Liberation Tigers of Tamil Eelam (LTTE), which is a banned organisation in India, and if the books were returned to the appellant, it will be circulated to the public and also it will cause disturbance to the peace and public tranquility. Therefore, the seized books cannot be returned to the appellant.