- (1.) Three applications forming three separate proceedings have been heard together and shall be governed by this judgment.
(2.) C.R.R. 2770 of 1997 was instituted under Section 482 Criminal Procedure Code by two petitioners being M/s. Swan Fisheries (Private) Ltd., a company registered under the Companies Act and having its registered office at New Delhi and Sanjay Malik, Director of the said company. They have prayed for quashing a proceeding arising out of an FJ.R. being 50 of 1997. dated 26.7.97 made at Gosaba Police Station and the subsequent charge sheet giving rise to Case No. BGR 3147 on the ground that the allegation contained in the F.I.R. on the face of it are not tenable against the company & others.
(3.) Their case is that petitioner company amongst others owns three fishing trawlers under the name and style of CHANPEN MAUSEHI 35. 49 and CHOKEKAMOINAVA 107 and these trawlers are duly registered with the Director General of Shipping. The petitioner company and the aforesaid trawlers have the right to carry on fishing in Indian waters including the area within the Exclusive Economic Zones. The requisite authorisation, for foreign collaboration, fishing operations and export to the Thai Party including High Sea transfers are available in favour of the petitioner company.;