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TMI Blog2020 (4) TMI 442X X X X Extracts X X X X X X X X Extracts X X X X ..... 80 persons and that, only 73 inmates are staying there, this Court is of the view that, photographs furnished by the Petitioners to the effect that, more number of persons are detained in a single room without any sign of social distancing, have been taken by the Petitioners only for the purpose of this case. By doing so, Petitioners are inviting diseases and none can be blamed for their act - It appears that, the Petitioners herein are unable to realize the consequences of the prevailing pandemic. When the Central and State Governments are taking effective steps to prevent further spread of COVID- 19, public, as responsible citizens must extend utmost co-operation to the Government in eradicating this pandemic and shall not try to disrupt the functioning of the Government. Petition dismissed - decided against petitioner. - W.P.Nos.7435 and 7437 of 2020 - - - Dated:- 9-4-2020 - MR. JUSTICE S.VAIDYANATHAN J. For Petitioner in both W.Ps.: Mr.C.Arun Kumar For Respondents 1, 3 4 in both W.Ps.: Mr. S.R. Rajagopal, Additional Advocate General assisted by Mr.V.Jayaprakash Narayan, Government Pleader For 2nd Respondent in both W.Ps.: Mr.N.P.Kumar, Special Pub ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the learned Additional Chief Magistrate, enlarged the Petitioners on bail. However, the 1st Respondent, vide proceedings dated 21.11.2019, sent the Petitioners to the custody of the 2nd Respondent. 7. Challenging the same, Petitioners herein filed H.C.P.No.2767 of 2019 and H.C.P.No.2776 of 2019, respectively. The said cases were posted for hearing on 26th March 2020, at the instance of the 2nd Respondent, to file counter. However, due to the prevailing pandemic, the said cases could not be listed. 8. It is the case of the Petitioners that, the 2nd Respondent has completed the investigation and filed a Complaint before the Additional Chief Metropolitan Magistrate, Chennai, which is numbered as EOCC No.1 of 2020. Hence, they seek permission of this Court to allow them to stay at Belchem 804, Hiranandini Post, Oragadam, Kancheepuram, on the grounds that, the Authorities in the Special Camp at Tiruchirapalli have not taken proper measures of spraying any disinfectant in the Camp and that, social distancing is not properly maintained there. 9. Learned counsel for the Petitioners submitted that, pendency of the Habeas Corpus Petitions filed by the Petitioners is not a bar for t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... social distancing norms in view of COVID-19 outbreak. 5. With reference to the averments made in (ii), (iii) and (vi) in the grounds of the Affidavit, it is submitted that the District Collector, Tiruchirapalli vide letter dated 27.03.2020 has instructed the Special Deputy Collector, Special Camp, Tiruchirapalli to follow the norms of social distancing and disinfection activities at the Special Camp to prevent COVID-19 and a copy of the same is enclosed herewith as Enclosure (I). Accordingly, disinfection activities are done on a daily basis. The Municipal Corporation, Tiruchirapalli is continuously spraying disinfectants in the camp and the same is being monitored by the Special Deputy Collector, Special Camp. Necessary arrangements have also been made for providing hand sanitizers and hand wash liquids to all the inmates. 6. With reference to the averments made in (vii), (viii) and (ix) in the grounds of the Affidavit, it is submitted that as per the directions of the District Collector, Tiruchirapalli, mobile medical unit is visiting the camp every fortnight and any inmate with symptoms of COVID- 19 is taken immediately to the nearby Government Hospital and necessary ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ly submits that they had ascertained that Shri. ChoeJaewon, who was staying at Hotel Flamingo, Shanti Colony, Anna Nagar, Chennai-40 alongwith another Korean by nameShri. Park ByungKyuand they have vacated the hotel on 13.09.2019. It was observed that they have utilised the credit card for payment. Shri. Choi YongSuk herein was not staying at 804 Belchamp, Hiranadhani Parks,Oragadam Kanchipuram-602105. In this regard, Lookout circulars dated17.09.2019 have been issued for Shri Choi Yong Suk and Choe Jae Won. 10. The 2nd Respondent submits that both the accused Choi Yong Suk and Choe Jae Won repeatedly made assurances in the Court of Economic Offence I, Egmore and Hon ble High Court about cooperating with the investigation, but failed to do so by deliberately absconding and not co-operating with the investigation. Further proceedings under Central Excise Act, 1944 has been initiated by issue of following Show Cause Notices for evasion of Central Excise duty with proposal to impose personal penalty on both the accused persons: (1) Show Cause Notice No. 06/2019(C.Ex.) dated 08.01.2020 on them for availment of ineligible CENVAT credit to the tune of ₹ 12,90,10,805/- an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ra Rajan, Special Deputy Collector was connected through WhatsApp Video call today, and he took this Court to the maximum areas of the Special Camp in Tiruchirapalli District. After watching the same, this Court is able to visualize that, the Special Camp is maintained neatly and there are no stains in the Toilets. 18. When sufficient space is available in the Special Camp in Tiruchirapalli District to accommodate 80 persons and that, only 73 inmates are staying there, this Court is of the view that, photographs furnished by the Petitioners to the effect that, more number of persons are detained in a single room without any sign of social distancing, have been taken by the Petitioners only for the purpose of this case. By doing so, Petitioners are inviting diseases and none can be blamed for their act. The cluster in the room is the act of the inmates and not on account of the Respondents. 19. As regards the argument advanced by the learned counsel for the Petitioners that, in the remand Application, residential address of the Petitioners have been furnished to the 2nd Respondent, this Court is of the view that, the same cannot be gone into at this stage. This Court is not an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Warrants have already been issued to the Petitioners and that, there is every possibility of the Petitioners fleeing away from the clutches of Law, this Court while declining the relief sought by the Petitioners, without prejudice to the rights of the parties in the pending Habeas Corpus Petitions, directs the learned Additional Chief Metropolitan Magistrate (Economic Offences-I), Egmore, Chennai to take up the case in C.C.No.1 of 2020, after normalcy is restored post COVID-19 lockdown, and proceed with the same on a day-to-day basis, without adjourning it beyond ten working days at any point of time. 26. Before parting with, I wish to emphasize that, there are advantages in hearing cases through Whatsapp Video Call, and the fact remains that, it is less time-consuming, and it will be helpful to analyze the exact scenario of each case, so as to arrive at a definite conclusion, as was done in the case on hand. The system of viewing disputed sites through Whatsapp Video Call or any other Application through Video mode can be implemented in cases pertaining to encroachments on roads, water bodies, poramboke lands, Tanks, illegal constructions, OSR, Parks, etc. to ensure that, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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