Midas Communication Technologies Private Ltd v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.06.2024

CORAM

THE HONOURABLE DR. JUSTICE G. JAYACHANDRAN Crl.O.P.No.14777 of 2024 Midas Communication Technologies Private Limited Rep. by its Director, No.1, Kalyani Nagar, Thiruvanmiyur, Chennai - 600 041.

.... Petitioner

Versus

The State Rep. by

1. The Inspector of Police, Central Crime Branch, O/o. The Commissioner of Police, Egmore, Chennai - 600 008.

2. Gemini Communication Limited, Rep. by its Liquidator M.S.Viswanathan 15/35, Musfar Jung Bahadur Street, Triplicane, Chennai - 600 005.

.... Respondents -1-

Prayer: The Criminal Original Petition is filed under Section 482 of Cr.P.C. to issue a direction to the first respondent to either handover the goods lying at No.10/15, No.698, Vazhudavur Main Road, Iyyankuttipalayam, Oulgaret Commune, Puducherry - 605 009 to M/s.Gemini Communication Ltd., or in the alternative transfer them to a police godown for safekeeping. For Petitioner : Mr.S.Karupasamy For Respondents : Mr.S.Udaya Kumar Government Advocate (Crl.Side) - - - - -

ORDER

The present Criminal Original Petition is filed to handover the goods lying the premises or to remove the goods and handover the vacant possession of the premises.

2. The case of the petitioner is that the petitioner/Company is shown as accused in Crime No.69 of 2012. The valuable goods of the petitioner, which are kept in the rented premises now been seized by the police as case property and the premises is sealed. For the said premises, the -2-

petitioner is paying rent of Rs.16,000/- per month for more than twelve years. Therefore, he seeks for return of the goods or in alternate to remove the goods and store it elsewhere and handover the vacant possession.

3. The learned Government Advocate (Crl.Side) submitted that the investigation in this case has been completed and the final report has also been filed and the property, which is seized and kept in the said premises as case property has to be produced before this Court. Therefore, he opposed for granting either of the relief sought for in this petition.

4. This Court finds that admittedly, the property now seized by the police belongs to the petitioner/accused. If it is to be marked as case property, the Investigating Officer has to produce it before the Court and get an appropriate direction regarding the custody of the property. If the petitioner/accused wants temporary custody of the property, he can move the trial Court and get temporary custody of the property as per the provision contemplated under the Code.

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DR.G. JAYACHANDRAN, J.

asi With the above directions, this Criminal Original Petition is disposed of.

25.06.2024 asi To

1. The Inspector of Police, Central Crime Branch, O/o. The Commissioner of Police, Egmore, Chennai - 600 008.

2. The Public Prosecutor, High Court of Madras, Chennai.

Crl.O.P.No.14777 of 2024 -4-