TMI Blog2022 (7) TMI 884X X X X Extracts X X X X X X X X Extracts X X X X ..... customs/DRI authorities, but it has not done. Even the superior officers with whom the Inspector of Police/1st respondent Police had regular communication about the case, for the reasons best known, kept quite. Only after the DRI authorities facing resistance and sensing some mischiefs, had informed the Commissioner of Police about the entire episode and whatever tracking and information they could collect. Thereafter, the local police upto the Joint Commissioner level had started giving information. On the query of the Commissioner of Police, the case gained momentum everything was informed to the Court. Thereafter, the DRI's query was responded and the petition was filed before the lower Court. It is also seen that the Police had acted in alacrity, but nothing was forwarded to the Court then and there immediately. It is certain that the Inspector of Police Mr.Ravi would not have conducted the investigation without the aid and support of his superior officials like the Deputy Commissioner and the Joint Commissioner and others. For what reason, the collected evidence was withheld and why there was so much resistance in handing over the gold bars is not known. This needs a p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at he was on night shift on 23.08.2021, when he was unloading the food packets at Airport Bay 23, one Ilayaperumal, a known person, came to him and handed over 08 Gold bars, wrapped up in black cover, to be handed over to one Imran, Alandur. He concealed the same in his truck and came to Oberoi Flight Service. After his duty, he left at 04.50 hrs, by concealing 08 gold bars, behind the seat cover and drove towards Alandur to meet Imran. On the way at GST Road, two persons intercepted him, assaulted, snatched his mobile and drove away his two wheeler. 3.On investigation, the complainant Saravanan turned to be the prime accused of the robbery of smuggled 09 Kg of gold. Subsequently, on 26.08.2021, the said Saravanan was arrested along with co-accused viz., Mohammed Nazeer and Praburam, the respondents 3 and 4. The properties involved in the crime viz., 09 Kgs of Gold (08 gold bars of 01 Kg, each with 08 gold bars of 125 gms), Mobile Phone and a two wheeler have been recovered. On 26.08.2021, the properties were produced before the leaned Judicial Magistrate No.II, Tambaram, Chennai, who ordered the safe custody, after its evaluation. 4.Since the property viz., 9 Kgs of Foreign ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rl.M.P.No.1824 of 2021, by the Judicial Magistrate No.II, Tambaram., On a return of property petition filed by the petitioner, seeking return of Gold Bars seized in Crime No.437 of 2021, by the Inspector of Police, Pallavaram Police Station. 7.The learned for the petitioner further submitted that the petitioner ought to have given custody of the property, by the lower Court without any condition. He further submitted that on a perusal of the First Information Report in Crime No.437 of 2021, registered by the first respondent would reveal that gold bars are smuggled from restricted area without customs clearance. On coming to know about the same, the first respondent ought to have informed the petitioner about the incident or at least, after registration of the First Information Report ought to have forwarded the same along with gold bars to the petitioner, which he had failed to do. When the facts disclose that it is smuggled gold, the Customs Authority, are specified Authority to investigate such cases. Further, the seized gold bars are liable for confiscation, by the Customs Authority. The condition imposed by the Court below to return the property/gold bar creates obstacles t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the explanation filed by the Assistant Public Prosecutor, attached to the Judicial Magistrate Court No.II, Tambaram is extracted hereunder:- I respectfully submit that originally the complainant is one Saravanan in the above case, he has given a complaint that on 24.8.22021 he is working as Supervisor in Oberoi Flight Services in the International Airport. On 23.8.2021 while he was transporting the food items one Illaiyaperumal known to Saravanan handed over 9 kgs of gold parcels to him. Saravanan brought them in the food truck, concealed the gold in his two wheeler to hand over to one Imran. On his way in GST road, opposite Ayuth Bavan he was waylaid by 2 unknown persons, they robbed of the gold parcels, his mobile phone and two wheeler within the jurisdiction of the Pallavaram PS. 3.I humbly submit that The Inspector of Police attached to the Pallavaram PS registered the case in FIR.No.437/2021 for the offence u/s 392 IPC. He proceeded with the investigation and unearthed the fact that the defacto complainant and co- accused persons hatched a criminal conspiracy to loot the gold bars and enacted a drama giving false information to the police. Accordingly Saravanan and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd drove away in his two wheeler. He requested action and on his complaint, the above case was registeredand investigated. 5.During the course of investigation, the complainant Saravanan (Res.02) turned to be the prime accused of the robbery of the smuggled 09 kg of gold, that occurred on 23.08.2021 at 04 50 hrs. at GST Road, opposite to Ayudhbhavan. It appeared that he along with his associates planned a robbery of the gold that he usually receives at the Airport bay through Ilayaperumal, cleaner in Air India flights, to be handed over to one Imran at Alandurfor which he receives an amount every time. On knowing his clandestine act, Mohammed Nazeer, a security at Vistara Airlines, lured him with high amount at one time, if he changed hands the gold, as devised by him. 6.Prior to ten days of the crime, the Respondent (1) Saravanan, Mohammed Nazeer, and their accomplices in the crime, met at a wine shop at Anakaputhur, and hatched a conspiracy to rob the gold. As per the plan, on 23.08.2021 at 03 30 hrs.,Saravanan (Res.01) received the parcel of gold from Ilayaperumal, at Airport bay, and concealed it in the front seat cover of their truck used to carry food packets from t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... service, Maramalai Nagar. Again on 30.08.2021, Rabbik, Ashik Ahmed and Sheik Bagath who have involved in the crime were arrested and the vehicles, a two wheeler TN 65 P2 1733 and a car TN 06 A 7494, used by them in the commission of crime, were also seized and produced in the court. So far, 08 accused were arrested and remanded. Further search is on for other suspects. 10.It is respectfully submitted that there is no divergence of opinion about the genuineness of the 09 kg of gold which is of foreign origin and imported through the Air India flight by hiding the property in the toilet or toilet waste materials by someone at the other end and with the information regularly passed on to Imran who signaled Saravanan(Res.02) to take possession of the same at Airport bay through Ilayaperumal, cleaner of Air India flights, which was then transported through the truck used to carry food packets from Oberai Flight service. Investigation made so far disclosed that Saravanan Res. (02) was acting as a courier to Imran of Alandur, and transported such materials previously 12 times, and it is the 13th time, when he changed track by making a complaint of Robbery, as per the plan devised by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eir letter dated 30.08.2021 to the Addl. Commissioner of Police, L O South, Greater Chennai, for filing transfer petition by the state police, it was instructed to render necessary assistance to the DRI for the interim custody of the property in the above case. Accordingly, the DRI counsel was given all assistance by the I.0. 16.Further to this, the DRI represented by the Senior Intelligence Officer, filed a sworn affidavit before the Judicial Magistrate-II, with a pray to hand over the seized 09kg of Gold along with the copy of relevant records of the case in S5 Pallavaram case in Cr. No. 437/2021, to the Directorate of Revenue Intelligence for further investigation in accordance with the provisions of the Customs act 1962. 13.In the respect of the 1st question, the learned Additional Public Prosecutor would submit that the goods, which were seized by the 1st respondent, are smuggled goods. The investigation has to be done only on the basis of the smuggled goods on the accused. The property seized is in the custody of the Court. The 1st respondent has no objection to give the property to the petitioner, as the petitioner has not filed any documents to confirm that he has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e, Chennai to take appropriate action against the erring officials in this regard. 16.It is seen from the investigation that the property viz., 9 Kgs of Foreign origin gold, appeared to have been smuggled into India, through Chennai Airport, by Qatar Airways Flight, from Qatar, on 23.08.2021, engaging the services of Flight cleaning staff and Flight Catering Staff, with the active involvement of the 2nd Respondent and others. On investigation, the smuggled gold produced before the jurisdictional Court. On coming to know, the Senior Intelligence Officer, Directorate of Revenue Intelligence, Chennai Zonal Unit, filed a petition for return of property in Crl.M.P.No.1824 of 2021 in Cr.No.437 of 2021 on the file of the Learned Judicial Magistrate No.2, Tambaram, Chennai. The Magistrate ought to have ordered custody of the smuggled gold to the absolute custody of the petitioner herein, vesting the right to dispose it off under Section 110 of the Customs Act, 1962, facilitating further action under the said Act. Hence, this Court is inclined to set aside the order dated 22.09.2021. The attested Mahazar copy can be used as document to prove the case in Crime No.437 of 2021. The foreign ..... X X X X Extracts X X X X X X X X Extracts X X X X
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