IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16.08.2011 CORAM: THE HONOURABLE MR. JUSTICE C.T. SELVAM Crl.R.C.No.888 of 2011 C.S. Suresh Kumar ... Petitioner/ Petitioner vs The Deputy Superintendent of Police Crime Branch CID Head Quarters Guindy, Chennai – 32. ... Respondent/ Respondent PRAYER: This Criminal Revision Petition is filed under Section 397 r/w 401 Cr.P.C., to set aside the order dated 09.05.2011 in Crl.M.P.No.1382 of 2011 on the file of XI Metropolitan Magistrate, Saidapet, Chennai and to direct the respondent to hand over the key of the premises to the petitioner. For Petitioner : Mr. M. R. Sivakumar For Respondent : Mr.P. Govindarajan, APP ORDER This revision is preferred seeking to set aside the order dated 09.05.2011 in Crl.M.P.No.1382 of 2011 passed by the XI Metropolitan Magistrate, Saidapet, Chennai and to direct the respondent to hand over the key of the premises to the petitioner. 2. The petitioner is the owner of the premises bearing D.No. 20/45, Aravamudhan Garden Street, Egmore, Chennai-8. He had let out the same to one Sanjay Kumar on rent. Sanjay Kumar and others had engaged themselves in criminal activities likely to endanger public life by gathering drugs/ medicines whose shelf life had expired and erasing batch number, manufacturing and expiry dates and maximum retail price with the help of industrial petroleum and affixing new and current dates, thereby rendering them saleable. In the course of investigation, the premises belonging to the petitioner and rented out to the accused Sanjay Kumar was searched. https://hcservices.ecourts.gov.in/hcservices/ Fake labels and rubber stamps utilised for making the expired drugs appear genuine and government supplied drugs were seized. The value was to the tune of about Rs.2 crores. After taking samples in the presence of official witnesses and the Drug Inspector, the premises was locked. The petitioner, not being an accused in the case in Crime No.132/2010, had moved the XI Metropolitan Magistrate in Crl.M.P.No.1382 of 2011 seeking a direction for removal of the drugs/ medicines housed in the premises. The trial court has dismissed such petition informing that 'valid' and expired medicines have been kept in a separate place and the key of such place stands submitted to the Court and connected orders have been passed by this Court in Revision and Writ petitions. Informing as above and that the offences alleged are triable by the court of Sessions, the court below dismissed the petition. There against this revision. 3. Heard learned counsel for the petitioner and learned Additional Public Prosecutor. 4. Where, admittedly the petitioner in any manner is not involved in the offence, it would be improper to put him to hardship by keeping the medicines/ drugs sealed in premises belonging to him. The petitioner should have free access to his premises and be able to deal with it in such a manner as thought fit by him. In a report filed by the prosecution in W.P. No.22608/2010 it had been informed that a petition had been filed before the learned II Metropolitan Magistrate, Egmore with a request that such court may issue necessary orders to the Director of Drugs Control, DMS Complex, Teynampet, Chennai, to destroy the medicines as per the provisions of law in a safe manner. Learned Additional Public Prosecutor on instructions submits that no orders have been passed by the concerned court on such petition and subsequently the case stands transferred to Learned XI Metropolitan Magistrate, Saidapet, Chennai. 5. In the circumstances, this Court is of the view that interests of justice would be served by ordering as follows: (i) The respondent shall cause videograph of the drugs/ medicines lying in the premises of the petitioner. The concerned Metropolitan Magistrate shall be present while recording the videograph and a panchanama there regards shall be recorded. (ii) The videograph and panchanama shall be read as evidence in lieu of the drugs/ medicines kept in the premises, if found necessary, in the course of trial. (iii) The respondent shall thereafter take steps to remove the medicines/ drugs from the premises of the petitioner and cause destruction, taking the aid of the Director of Drugs Control, DMS Complex. https://hcservices.ecourts.gov.in/hcservices/ The exercise herein above contemplated shall be completed within a period of two weeks from the date of receipt of a copy of this order. This criminal revision petition is allowed. Sd/- Asst.Registrar. /true copy/ Sub Asst.Registrar. Avr To The Deputy Superintendent of Police Crime Branch CID Head Quarters Guindy, Chennai – 32. 1 cc to Ms.M.R. Sivakumar, Advocate, sr. 50802 Crl.R.C.No.888 of 2011 RS (CO) kk 30/8 https://hcservices.ecourts.gov.in/hcservices/