WILLIAM MICHAEL HURTUBISE Vs. STATE OF ODISHA

JUDGEMENT

(1.) THIS application under Section 482 Cr.P.C. has been filed for quashing of the FIR, registered as Bhubaneswar Airfield P.S. Case No.220, dated 18.09.2013, corresponding to C.T.No.3611 of 2013, pending in the Court of the learned S.D.J.M., Bhubaneswar, under Section 25 of the Arms Act and to refund the cash security of Rs.50,000/ - deposited by the petitioner, as a condition for grant of bail and to return his passport and visa, deposited with the learned S.D.J.M., Bhubaneswar.

(2.) THE case of the petitioner is that he is a citizen of United States of America ("USA" for short) and is an employee of STX Service Americas, LLC, at their Houston location in the State of Texas in U.S.A., as one of their field service engineers. The petitioner was deployed along with two other engineers of the Company and one technician, to attend the off shore drillship, which is under contract with the petitioner's Company, for engine maintenance. The petitioner and other engineers and technicians of the Company were required to perform specialized technical work on the drillship main diesel engines, which have been produced by the group of companies of STX Service Americas, LLC and built into the drillship for providing power for the positioning equipment, the drilling equipment and the vessel's accommodations. The petitioner and the other technical staffs of the Company were required to carry out specialized job, which the crews of the drillship are not experienced enough to perform. The owner of the drillship is a Houston based offshore drilling company. During the period of his deployment for engine maintenance of the drillship, the petitioner would continue to draw his salary from STX Service Americas, LLC, as he continues to be the employee of the said Company. It was planned that the petitioner and his three colleagues will return to Houston in U.S.A., immediately after completing their tasks on board the drillship.

(3.) THE said written report was registered as Bhubaneswar Airfield P.S. Case No.220, dated 18.09.2013, under Section 25 of the Arms Act (hereinafter referred to as 'the Act') and the petitioner was produced before the learned S.D.J.M., Bhubaneswar and was remanded to jail custody. Subsequently, the petitioner has been released on bail by the order of learned Addl. Sessions Judge, Bhubaneswar, in B.A.No.359/1064 of 2013, on executing P.R. bond by depositing cash of Rs.50,000/ - with the condition inter alia, that he will deposit the passport and visa before the learned S.D.J.M., Bhubaneswar.