N RAJAGOPAL Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) THE petitioner herein is the proprietor of M/s.Ennor Muds & Chemicals functioning at No.G31, Industrial Estate, Ambattur, Chennai-600 058 manufacturing oil drill well chemicals. He is the father of one Kishore Nagarur, who has been arrayed as the third accused in Cr.No.1 of 2009 on the file of CBCID (Organised Crime Unit-II), Alandur, Guindy, Chennai.

(2.) THE above said case was registered against 1) Thiru.A.Natarajan, a wholesale fertilizer dealer having his business at Pudukottai, 2) Thiru.Nageswaran, owner of Srikanth & Nagesh firm, Chennai, 3) Thiru.Kishore Nagarur (son of the petitioner herein), owner of Sri Chemicals, Anna Nagar, Chennai, 4) Joint Director of Agriculture, Pudukottai and 5) Assistant Director of Agriculture (QC), Pudukottai. Apart from the said five named accused persons, the case has been registered against others also without specifying the number of such persons, for alleged offences punishable under Sections 406 and 420 IPC along with an offence punishable under Section 7 r/w Section 3 of the Essential Commodities Act, 1955 r/w Clause 3 of Fertilizer (Movement Control) Order 1973 and Clause 25 of the Fertilizer (Control) Order 1985. THE case was originally registered on the file of CBCID, Pudukottai and was later on transferred to the file of CBCID (Organized Crime Unit-II), Alandur, Guindy, Chennai. During the course of investigation, the respondent herein (the present Investigating Officer) conducted rides in the house of the petitioner bearing Door No,98, 'A' Block, 3rd Street, Anna Nagar East, Chennai-600 012 and the office of the above said Kishore Nagarur at No.182/3, Kurinji Colony, Anna Nagar West, Chennai on 08.04.2009. THE Investigating Officer also conducted a search in the factory premises of M/s.Ennor Muds and Chemicals at No.G31, Industrial Estate, Ambattur, Chennai on 09.04.2009. One Obula Reddy, Manager of the said factory was arrested on 09.04.2009. He was released on bail on 17.04.2009 by the II Metropolitan Magistrate, Chennai. On the very same day, namely on 17.04.2009, the respondent/Investigating officer sealed the factory premises of the petitioner. As the request of the petitioner to remove the seal was refused by the respondent, the petitioner now come forward with the present petition under Section 482 Cr.P.C for a direction to the respondent to remove the seal.

(3.) THE submissions made by Mr.K.Sellathurai, learned counsel for the petitioner and by Mr.I.Paul Nobel Devakumar, learned Government Advocate (Crl.Side) representing the respondent were heard. THE petition, affidavit filed in support of the petition, counter affidavit, typed set of papers and the documents produced by the respondent in the form of case diary file were also perused.