9911796707
TMI Blog2013 (1) TMI 1027X X X X Extracts X X X X X X X X Extracts X X X X ..... tion recorded in the First Information Report, a raiding party comprising of one Inspector, one Sub-Inspector, two Head Constables, two Constables, one police driver (of the rank of Head Constable) and one official photographer was organized. On reaching Haddo Jetty the raiding party associated with itself, one Sub Inspector, three Head Constables and one Constable of the SB-CID staff stationed there. Two independent persons Nikhi Sakar, a Tally Clerk at Port Blair and Manoj Kumar were also associated with the raiding party. 2. The raiding party, having reached Haddo Jetty, started looking for the cartons/containers shipped by VMR Shipping Agency, which had arrived at Port Blair in Gati Zipp. The raiding party identified a container belonging to VMR Shipping Agency, which had been unloaded from the concerned cargo ship (Gati Zipp). The container in question, was further being loaded into a truck bearing registration no.AN-01E-1847. G..S. Babu was supervising the loading operations of the aforesaid container. As per the declaration in the manifest list, the carton in question, contained four drums of grease. The four drums found in the container were photographed by the official ph ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... carried out. These investigations allegedly revealed inter alia, the names of the petitioners before this Court. Consequent upon the discovery of the petitioners involvement with the consignment of unauthorized explosive substances, they were arrested. Applications filed by the petitioners for bail remained unsuccessful. The impugned orders in these petitions is the last such unsuccessful attempt, made on behalf of the petitioners. It is therefore, that the petitioners are now before us, praying for bail. 5. In order to support their claim for release on bail, it was the vehement contention of the learned counsel for S. Namochivayama (petitioner in SLP (Crl.) no.8876 of 2012), that the petitioner runs a grocery shop, and cannot be associated with the allegations narrated in the First Information Report, as also, the alleged recovery of explosive substances. 6. In so far as N. Kannapan, R. Chidambaram and Sanjay Choudhary [petitioners in SLP (Crl.) no. 7532 of 2012, SLP(Crl.) no. 8286 of 2012, and SLP (Crl.) no. 8730 of 2012, respectively] are concerned, the principal submission is, that they are all genuine quarry operators, possessing valid licences for carrying out quarrying op ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of cash in bank accounts, which have no nexus with the recoveries of explosives made at Port Blair. 10. We shall endeavour to deal with the pointed allegations levelled against each of the petitioners hereinafter. We shall deal with the petitioners, in the same sequence, in which submissions on their behalf, were addressed at the Bar. 11. First and foremost, the allegations against S. Namochivayama (petitioner in SLP (Crl.) no.8876 of 2012). According to learned counsel representing the respondent state, G.S. Babu who was arrested when the contraband was recovered at Haddo Jetty, Port Blair, as also, the driver Pankriacius Ekka (of the vehicle bearing registration No. AN-01E-1847) revealed, that the bags (200 bags) of ammonium nitrate seized by the raiding party on 21.6.2011, were booked in the name of M/s.Karpaga Vinagar Stores, whose proprietor is the petitioner S. Namochivayama. The investigations conducted by the police also revealed, that consignments of ammonium nitrate used to be distributed by S. Namochivayama, to the other co-accused, who are involved in quarrying operations. Even the driver, named above, had expressly indicated, that it was at the directions of the peti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the matter, as Shanmugam in his statement under Section 164 of the Code of Criminal Procedure affirmed, that the petitioner N. Kanappan was using ammonium nitrate for quarrying operations. In this behalf it was pointed out, that the Andaman Public Works Department had not issued any ammonium nitrate to N. Kannapan, but the investigation revealed, that he was using the same for quarrying purposes, at his own quarry. It was also submitted, that the findings of the forensic science laboratory indicate, that the seized goods were "special category explosive substances", and as such, the petitioner N. Kannapan had actually used such explosive substances, without due authorization in quarrying operations, and was liable for infringement of the provisions under the Explosive Substances Act, 1908. It was also contended, that the explosive substances under reference, were brought in a ship in a clandestine manner. In this behalf it was pointed out, that in the declaration manifest of one of the cartons, the gelatine sticks and the electronic detonators were described as grease. The other container with ammonium nitrate, was described as salt (in the declaration manifest relating thereto) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... It was also submitted, that the aforestated Mageshwaram, during the course of his statement recorded under Section 164 Cr.P.C. had stated, that he (Mageshwaram) used to collect money from the petitioner R. Chidamabaram, and used to deposit the same in the account of Selvam. It is therefore submitted, that the involvement of petitioner R. Chidambaram is based on concrete and unrefutable evidence. 14. In the case of Sanjay Choudhary (petitioner in SLP (Crl.) no.8730 of 2010), it was submitted by the learned counsel for the respondents, that his (of Sanjay Choudhary) position, was exactly the same as that of R. Chidambaram, and as such, the factual position projected in the case of R. Chidamabaram, should be considered as against Sanjay Choudhary as well. It is pointed out, that the said similarity is on the following aspects. The money collected by Nagesh and deposited in Selvam's account. The use of ammonium nitrate without allotment of the same by the competent authority. The statements of Shamugam, Ganesh and Sashi under Section 164 Cr.P.C. And the fact, that although he was allotted only 15 kgs. of gelatine sticks and 60 electronic detonators, which could at best result in excav ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
