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TMI Blog2022 (12) TMI 270X X X X Extracts X X X X X X X X Extracts X X X X ..... LA confirming the provisional order of attachment, the ornaments cannot be handed over to Suresh Kumar. However, we are of the opinion that since the ornaments are not liable for confiscation u/s.14 of the Tamil Nadu Prohibition Act nor are they material evidence to connect the accused with the crime in question, no useful purpose will be served by keeping 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. The learned District Munsif-cum-Judicial Magistrate, Thirukalukundram, are directed 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... overed under the cover of police mahazar. ➢ Thereafter, the police registered a case in Mamallapuram PEW Crime No.96 of 2015 on 05.03.2015 for the offences under Sections 4(1)(aaa) and 4(1)-A of the Tamil Nadu Prohibition Act, 1937 (for brevity the TNP Act ) r/w Rules 7 and 11 of the Rectified Spirit Rules, 2000 (Transporting) (for brevity the RS Rules ) against Suresh Kumar. ➢ Suresh Kumar was arrested and remanded in judicial custody. The seized gold ornaments and silver anklet were produced before the District Munsif-cum-Judicial Magistrate Court, Thirukazhukundram, and the same were received in P.I.No.41 of 2015 dated 06.03.2015. Similarly, the cash of Rs.28,35,000/- was also produced before the District Munsifcum- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .1631 of 2015 on the ground that the cash and ornaments are proceeds of crime and cannot be returned to Suresh Kumar. 2. This Court passed the following interim order on 24.06.2015: Notice of motion returnable in four weeks. If the seized gold is not in the safe locker of the Court, then, it may be transmitted and kept in the safe custody of the District Treasury by the learned Magistrate. There shall be an order of interim stay. Notice. 3. Mr.S.Sasikumar, learned Special Public Prosecutor (ED) submitted that the Deputy Director, ED, has passed a Provisional Attachment Order of cash and ornaments in P.A.O.No.22 of 2017 on 14.12.2017 provisionally attaching cash and ornaments that are in the custodia legis of the District ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the meanwhile, Suresh Kumar was released on bail and he appeared before the committal Court and after receiving the copies of papers under Section 207 Cr.P.C., the case was committed to the Court of Session, Chengalpattu, in S.C.No.196 of 2017 and was made over to the Assistant Sessions Court, (Principal Subordinate Court), Chengalpattu, for trial. Further, he submitted that Suresh was arrested in another case viz . Tiruppur North Police Station Crime No.1274 of 2021 under Section 379 IPC and after his release on bail in that case, he is in abscondance and Non Bailable Warrant (for brevity NBW ) has been issued by the Assistant Sessions Court, Chengalpattu, in S.C.No.196 of 2017 and the same is pending. 8. Since Suresh is in abscondan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r u/s.451 Cr.P.C. in Crl.M.P.No.1631 of 2015 on 18.06.2015 directing handing over of the ornaments to Suresh Kumar, this Court had stayed the said order in this petition on 24.06.2015. As stated above, thereafter, the Deputy Director of Enforcement has passed a provisional order of attachment in P.A.O.No.22 of 2017 on 14.12.2017, provisionally attaching the cash of Rs.28,35,000/- and the ornaments referred to above. This provisional order of attachment has also been served on Suresh Kumar through the Jailor, Central Prison, Madurai, on 20.12.2017. Thereafter, the Deputy Director filed a complaint in O.C.No.869/2018 before the Adjudicating Authority and the Adjudicating Authority has also confirmed the provisional order of attachment vide ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Enforcement. The District Munsif-cum-Judicial Magistrate, Thirukalukundram, shall also draw a proceeding for handing over of the said ornaments to the Deputy Director of Enforcement, in which both of them shall sign. Thereafter, the Deputy Director of Enforcement shall keep the ornaments in safe custody until further orders are passed in C.C.No.42 of 2018 on the file of learned Principal Sessions Judge [Special Court for PMLA cases], Chennai or on the orders of any other Court/Tribunal of competent jurisdiction. As regards S.C.No.196/2017 on the file of Assistant Sessions Court cum Principal Sub- Court, Chengalpet, the photographs, ornaments and the proceedings drawn by the learned District Munsif-cum-Judicial Magistrate, Thirukalukundram, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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