Madras High Court
Thaiyalnayaki vs Petroleum & Explosives Safety ... on 6 November, 2024
Author: D.Krishnakumar
Bench: D.Krishnakumar
WA.No.2484 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.11.2024
CORAM:
THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR
AND
THE HON'BLE MR JUSTICE P.B.BALAJI
W.A.No.2484 of 2024
Thaiyalnayaki ... Appellant
vs.
1.Petroleum & Explosives Safety Organisation (PESO),
Control of Explosive for Jt.Chief Controller of
Explosives South Circle, No.26, Haddows Road,
Nungambakkam, Chennai.
2.The Revenue Divisional Officer,
Ariyalur District.
3.The Tahsildar,
Jeyamkondam, Ariyalur District.
4.The Sub-Inspector of Police,
T.Palur Police Station,
Ariyalur District. .. Respondents
PRAYER: Writ Appeal filed under under Clause 15 of the Letters Patent against
the order dated 05.04.2024 made in W.P.No.2471 of 2024.
For Appellant : Mr.T.Sellapandian,
1
https://www.mhc.tn.gov.in/judis
WA.No.2484 of 2023
for Mr.R.Gokulakrishnan
For Respondents : Dr.G.Babu, Senior Panel Counsel for R1
Mr.S.Yashwanth,
Additional Government Pleader for R2 to R4
JUDGMENT
[Order of the Court was made by D.KRISHNAKUMAR, J.]
This Intra-Court appeal has been preferred against the order of the Writ
Court dated 05.04.2024 passed in W.P.No.2471 of 2024.
2. The appellant has filed the aforesaid writ petition praying for a
Mandamus directing the respondents to unseal, unlock and handover the crackers
kept in S.F.No.174 in Nayaganaipriyal Village, Ariyalur District by considering
the petitioner's representation dated 23.01.2024. The Writ Court taking into
consideration that once the explosives and materials are subjected to criminal
case, it cannot issue a direction to de-seal or handover possession of the property
to the petitioner and it is also left open to the petitioner to approach the
jurisdictional Criminal Court of Law for the purpose of return of property in the
manner contemplated under the Code of Criminal Procedure. With the above
liberty, the Writ Court has dismissed the writ petition, vide order dated
https://www.mhc.tn.gov.in/judis
05.04.2024.
3. On 19.10.2023, a petition has been filed by the respondents in the Court
of Judicial Magistrate No.I, Jeyamkondam by filing Crl.M.P.No.5339 of 2023,
praying to destroy the case properties of explosive substance under the
supervision of the Petroleum and Explosives Safety Organisation (PESO), Control
of Explosive for Jt. Chief Controller of Explosives South Circle and obtained
orders accordingly. On 23.11.2023, the petitioner filed a petition in the Court of
Judicial Magistrate No.I, Jeyamkondam, praying return of custody of the
properties from the Sub Inspector of Police, T.Palur and the same was dismissed
by the Court, wherein it already had given orders for proper destruction of the
case properties of explosive substance. In such circumstances, the appellant/writ
petitioner, challenging the order of the Writ Court, has filed the present writ
appeal.
4. Mr.T.Sellapandian, learned counsel appearing for the appellant would
submit that for violation of the Explosives Substances Act, the authorities have
sealed the appellant's premises for excess manufacturing and storing of crackers
https://www.mhc.tn.gov.in/judis
and therefore, he seeks for desealing the premises and return of the
properties/crackers to the petitioner/appellant.
5. Mr.G.Babu, learned Senior Panel Counsel for the first respondent has
drawn the attention of this Court to the Status Report filed by the Inspector of
Police, T.Palur Police Station, Ariyalur District dated 29.10.2024 and would
submit that the first respondent has already obtained orders for destruction of the
case properties/fire crackers from the Judicial Magistrate Court No.I,
Jeyamkondam and as such, fire crackers and other case properties will be
destroyed under the supervision of the officer deployed from the office from the
office of the Petroleum and Explosives Safety Organisation (PESO), Control of
Explosive for Jt.Chief Controller of Explosives, South Circle, Chennai and
therefore, according to the first respondent, there is no question of return of the
case properties to the appellant/writ petitioner.
6. Heard the learned counsel for the parties and perused the materials on
record.
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7. We are view that when a criminal case has been registered by T.Palur
Police Station in Crime No.267 of 2023 under Sections 284, 286 IPC and Section
4(b) of Explosive Substances Act, 1908 and the same is pending on the file of the
Judicial Magistrate No.I. Jeyamkondam, whether the case properties has been
required at the time of trial or the same shall be destroyed by the authorities
concerned or the same shall be returned to the petitioners, these aspects has to be
considered. The Writ Court has rightly dismissed the writ petition granting liberty
to the appellant/writ petitioner to approach the concerned Criminal Court for
return of the properties.
7. In the light of the above, the appellant/writ petitioner shall approach the
concerned Criminal Court seeking return of the case properties / fire crackers and
the same shall be considered by the Criminal Court as to whether the case
properties are required for trial or not and to take appropriate decision as per the
provisions of law. It is also open to the appellant/writ petitioner to approach the
Criminal Court for de-sealing of the premises after the orders are passed for
removal of case properties.
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8. With the above directions, the Writ Appeal shall stands dismissed. No
costs.
(D.K.K., J.) (P.B.B, J.)
06.11.2024
Intex : Yes/No
Internet : Yes/No
Jvm
To
1.Petroleum & Explosives Safety Organisation (PESO),
Control of Explosive for Jt.Chief Controller of
Explosives South Circle, No.26, Haddows Road,
Nungambakkam, Chennai.
2.The Revenue Divisional Officer,
Ariyalur District.
3.The Tahsildar,
Jeyamkondam, Ariyalur District.
4.The Sub-Inspector of Police,
T.Palur Police Station,
Ariyalur District.
https://www.mhc.tn.gov.in/judis
D.KRISHNAKUMAR, J.
and
P.B.BALAJI, J.
Jvm
https://www.mhc.tn.gov.in/judis
06.11.2024
https://www.mhc.tn.gov.in/judis
