9911796707
TMI Blog2022 (12) TMI 270X X X X Extracts X X X X X X X X Extracts X X X X ..... his criminal original petition under Section 482 Cr.P.C. has been filed by the Enforcement Directorate (for brevity "the ED") are under: ➢ On 05.03.2015, the Inspector of Police, Prohibition Enforcement Wing (PEW), Mamallapuram, intercepted a Toyota Innova car bearing Registration No.TN-09-AV-3256 near Vengambakkam-Veeranam link road and found that the vehicle was used for transporting illicit liquor. The driver of the vehicle was one Suresh Kumar @ Suresh (accused/first respondent herein). ➢ The police interrogated Suresh Kumar based on his police confession, his house in Puducherry was searched on the same day, from where, cash of Rs.28,35,000/- (Rupees Twenty Eight Lakhs and Thirty Five Thousand Only), nine items of gol ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... manding Magistrate to interrogate Suresh Kumar in Central Prison and recorded his statements under Section 50 of the PML Act on 25.05.2015 in the presence of the prison authorities. ➢ Suresh Kumar filed an application in C.M.P.No.1631 of 2015 in Crime No.96 of 2015 under Section 451 Cr.P.C. in the Court of District Munsif-cum-Judicial Magistrate, Thirukazhukundram, for the interim custody of the seized cash and ornaments. ➢ After hearing the police, the learned Magistrate passed an order dated 18.06.2015 in C.M.P.No.1631 of 2015 dismissing the prayer for returning of the cash, but, allowing the prayer for returning of the ornaments to Suresh Kumar on certain conditions. ➢ On coming to know of this, the ED filed th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... this petition. 5. Today, when the matter was taken up for hearing Ms.Niranjani Priya, Advocate (E.No.3498/2022; Mobile No.99400 50026) junior of Mr.K.Gandhi Kumar, Advocate, reported "no instructions". 6. Today, A.Mahendran (Mobile No.94981 47044), Head Constable 213, Mamallapuram PEW, Kancheepuram District, is present. 7. On instructions, the learned Additional Public Prosecutor submitted that the investigation in Crime No.96 of 2015 was completed and police filed a final report before the Court of District Munif-cum-Judicial Magistrate, Thirukazhukundram, which was taken on file on 04.12.2015 as P.R.C.No.69 of 2015 for the offences under Sections 4(1)(aaa) and 4(1)-A of the TNP Act r/w 7 and 11 of the RS Rules, @ 465, 466, 467, 468 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e matter on 11.11.2022. In the meanwhile, the Registry is directed to call for a report from the learned District Munsif-cum- Judicial Magistrate, Thirukazhukundram, as to whether the ornaments covered in P.I.No.41 of 2015 and cash covered in P.I.No.42 of 2015 are available in the Court or in the treasury pursuant to our order dated 24.06.2015 and place the same before this Court on 11.11.2022." 2. Today Mr.T.Vijaya Kumar, Inspector of Police, PEW Mamallapuram [Mobile No.94981 95161] is present. 3. Heard Mr.S.Sasikumar, learned Special Public Prosecutor [ED], for the petitioner and Mr.N.Manoharan, learned counsel for the first respondent and Mr.R.Muniyapparaj, learned Additional Public Prosecutor, for the second respondent. 4. Though the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eeping the ornaments in the custody of the learned District Munsif-cum-Judicial Magistrate, Thirukalukundram, as that would be an additional burden for the said Court. 6. Therefore, we direct the learned District Munsif-cum-Judicial Magistrate, Thirukalukundram, to hand over the ornaments in P.I.No.41/2015 dated 07.03.2015 in PEW Mamallapuram Crime No.96/2015 (now S.C.No.196/2017) on the file of learned Assistant Sessions Judge cum Principal Sub Judge, Chengalpet, to the Deputy Director, Directorate of Enforcement, Chennai, under proper receipt. Before handing over the same, the learned District Munsif-cum-Judicial Magistrate, Thirukalukundram, shall have the ornaments photographed, which should be attested by the learned District Munsif-c ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
