This Criminal Original Petition has been filed to direct the respondent not to remove the sandal wood weighing 1786 Kgs.which has been seized from the petitioner, from the safe custody of the office-cum-godown premises of the petitioner at No.1, Vyasar Nagar, First Street, Vyasarpadi, Chennai, till the completion of appeal proceedings in connection with R.R.Nos.1 and 9 of 2014 on the file of the learned Additional Chief Metropolitan Magistrate (E.O.I. & II), Egmore at Lilly Pond Complex, Chennai.
2. To safeguard the interest of the Department, this Court directed the petitioner to file an affidavit to protect the entire sandal wood logs, which was directed to be kept in the godown, by the authorities. Accordingly, an affidavit has been filed by the petitioner, the relevant portion of which, reads as under:
“5.I submit that I undertake to protect the entire wooden logs against all eventualities. Thus even in case of loss of one kilogram of sandalwood log either due to natural calamity or due to any other factor, I undertake to indemnify the same. Further, I categorically state that the entire wooden logs will be protected against theft or natural calamities. I assure the entire wooden logs available as on date will be well protected. I also state that the sandalwood logs will not be used unauthorisedly.
6.Further undertake that I am responsible for the entire quantity of sandalwood logs weighing about 1786 Kgs (including the shortfall of 250 kgs) seized by the respondent and I take responsibility to indemnify the entire quantity including the shortfall of 250 Kgs and I will act according to the terms of supradignama dated 18.06.2014 executed by me to the respondent.”
3. The above undertaking given by the petitioner is recorded and the petitioner is permitted to keep the sandalwood logs as interim custody, till the disposal of the appeal proceedings in connection with R.R.Nos.1 and 9 of 2014 on the file of the learned Additional Chief Metropolitan Magistrate (E.O.I. & II), Egmore at Lilly Pond Complex, Chennai.
4. The Criminal Original Petition is disposed of accordingly.
Index : Yes/No 21.06.2017 Internet : Yes/No KM To
1. The Senior Intelligence Officer, Directorate of Revenue Intelligence, G.N.Chetty Road, T.Nagar, Chennai-600 017.
R.MAHADEVAN, J.
KM
2. The Additional Chief Metropolitan Magistrate (E.O.I. & II), Egmore at Lilly Pond Complex, Chennai.
3. The Public Prosecutor, Madras High Court, Chennai-600 104.
Crl.O.P.No.7989 of 2017 21.06.2017 http://www.judis.nic.in