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2015 DIGILAW 869 (MAD)

R. Daniel Raj v. Superintendent of Customs, Tuticorin

2015-02-12

M.SATHYANARAYANAN

body2015
Judgment 1. By consent, the revisions are taken up for final disposal. 2. The petitioners are arrayed as accused Nos.6 and 5 respectively in O.R.No.27 of 2012-2013 registered by the respondent. The petitioners along with other accused are facing prosecution for the alleged commission of the offences punishable under Sections 25(A), 28 and 29 of NDPS Act for contravention of provisions of Section 9A of NDPS Act and Clause 3 of Narcotics Drugs and Psychotropic Substances (Regulation of Controlled Substances) Order, 1993. According to the respondent/prosecution, based on the intelligence report, the cargo, which was kept in KSPS Natarajan Container Freight Station (CFS) Park at Tuticorin, was searched and some polythene packets suspected to be Narcotic/Psychotropic substances concealed in polythene packets were found and the entire cargo was detained. It was further found that out of 400 bags of export consignment, 15 bags contained 1 ploythene packet each concealed inside them and the preliminary test revealed that it is 'Ephedrine Hydrochloride/Pseudo ephedrine Hydrochloride'. 3. The respondent, during the course of investigation, had seized six numbers of Central Processing Units (CPUs) in the office premises of the petitioners herein under a cover of seizure mahazar dated 06.12.2012 and they have voluntarily submitted mobile phones, which were also seized on 04.01.2013 and the Hard Discs from the Central Processing Units have been removed and it was also subjected to analysis by the Central Forensic Science Laboratory, Hyderabad for data retrieval from the Hard Discs and Mobile Phones and it was also done. 4. The petitioners came forward to file these petitions for return of CPUs as well as mobile phones for the reason that even as per the version of the prosecution, data stored therein have been retrieved and no purpose would be served by keeping those articles in the custody of the respondent. The said petitions were opposed by the respondent by contending that those materials are also liable for confiscation and may be used during the course of the trial also. The Trial Court has taken into consideration the objection raised by the respondent and further taking into consideration of the fact that the investigation is pending, has dismissed the petitions, vide order dated 18.09.2014 and feeling aggrieved, the present revisions are filed. 5. The Trial Court has taken into consideration the objection raised by the respondent and further taking into consideration of the fact that the investigation is pending, has dismissed the petitions, vide order dated 18.09.2014 and feeling aggrieved, the present revisions are filed. 5. The learned counsel appearing for the petitioners would submit that the seizure was effected as early as on December, 2012 and since the material portion of the investigation is also over and even as per the own admission of the respondent, data stored in CPUs and mobile phones have been retrieved, those articles may be returned to them and they will keep the articles in the same condition and they will not dispose it of and they are ready to abide by any conditions imposed in this regard. 6. Per contra, Mr.C.Arul Vadivel @ Sekar, learned Special Public Prosecutor for Customs would contend that though the data have been retrieved, still the articles are liable for confiscation and those objects may also be likely to be marked as material objects and, therefore, sufficient safeguards may be provided. 7. This Court, after hearing the rival submissions and upon perusal of the typed-set of documents, is of the view that the return of articles sought for by the petitioners is to be ordered. 8. In the result, the revisions are allowed and the impugned order dated 18.09.2014 made in Cr.M.P.Nos.1572 and 1573 of 2014 respectively, on the file of the Principal Special Court for EC & NDPS Act Cases, Madurai is set aside and the return of articles sought for by the petitioners is ordered, subject to the following conditions: (i) Each of the petitioner shall execute a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of Principal Special Court for EC & NDPS Act Cases, Madurai; (ii) the petitioners shall not alienate or alter the physical or other features of the articles to be returned till the completion of investigation; and (iii) the petitioners shall also produce the articles returned to them as and when required by the Court concerned.