- (1.)THE petitioner herein is the proprietor of M/s.Ennor Muds & Chemicals functioning at No.G31, Industrial Estate, Ambattur, Chennai-600 058 manufacturing oil drill well chemicals. He is the father of one Kishore Nagarur, who has been arrayed as the third accused in Cr.No.1 of 2009 on the file of CBCID (Organised Crime Unit-II), Alandur, Guindy, Chennai.
(2.)THE above said case was registered against 1) Thiru.A.Natarajan, a wholesale fertilizer dealer having his business at Pudukottai, 2) Thiru.Nageswaran, owner of Srikanth & Nagesh firm, Chennai, 3) Thiru.Kishore Nagarur (son of the petitioner herein), owner of Sri Chemicals, Anna Nagar, Chennai, 4) Joint Director of Agriculture, Pudukottai and 5) Assistant Director of Agriculture (QC), Pudukottai. Apart from the said five named accused persons, the case has been registered against others also without specifying the number of such persons, for alleged offences punishable under Sections 406 and 420 IPC along with an offence punishable under Section 7 r/w Section 3 of the Essential Commodities Act, 1955 r/w Clause 3 of Fertilizer (Movement Control) Order 1973 and Clause 25 of the Fertilizer (Control) Order 1985. THE case was originally registered on the file of CBCID, Pudukottai and was later on transferred to the file of CBCID (Organized Crime Unit-II), Alandur, Guindy, Chennai. During the course of investigation, the respondent herein (the present Investigating Officer) conducted rides in the house of the petitioner bearing Door No,98, 'A' Block, 3rd Street, Anna Nagar East, Chennai-600 012 and the office of the above said Kishore Nagarur at No.182/3, Kurinji Colony, Anna Nagar West, Chennai on 08.04.2009. THE Investigating Officer also conducted a search in the factory premises of M/s.Ennor Muds and Chemicals at No.G31, Industrial Estate, Ambattur, Chennai on 09.04.2009. One Obula Reddy, Manager of the said factory was arrested on 09.04.2009. He was released on bail on 17.04.2009 by the II Metropolitan Magistrate, Chennai. On the very same day, namely on 17.04.2009, the respondent/Investigating officer sealed the factory premises of the petitioner. As the request of the petitioner to remove the seal was refused by the respondent, the petitioner now come forward with the present petition under Section 482 Cr.P.C for a direction to the respondent to remove the seal.
The respondent submitted a counter affidavit on 12.05.2009 contending that the factory was sealed in the presence of the above said Obula Reddy as the said Obula Reddy, arrested by the respondent, had to be produced again before the learned II Metropolitan Magistrate on 17.04.2009 and the machineries used in the crime were heavy and fitted to the ground. Again on 18.06.2009, the respondent filed another counter affidavit containing the very same averments. On 26.06.2009, the respondent filed additional counter affidavit in the form of a written representation stating that the machineries used in the commission of crime identified by Obula Reddy were heavy, large and fitted to the ground and hence could not be moved easily that the same were to be produced as exhibits in the trial court that since there was no place either in the court or in the Organized Crime Unit-II of CBCID to keep them in safe custody, the factory premises were locked on 17.04.2009 in the presence of the said Obula Reddy and other witnesses and that the keys were kept in the police custody as per the orders of the learned II Metropolitan Magistrate, Egmore.

The point that arises for consideration in this petition is, "whether the petitioner is entitled to an order directing the respondent to remove the seal provided by the respondent to the factory premises of the petitioner at No.G31, Industrial Estate, Ambattur, Chennai-58?."

(3.)THE submissions made by Mr.K.Sellathurai, learned counsel for the petitioner and by Mr.I.Paul Nobel Devakumar, learned Government Advocate (Crl.Side) representing the respondent were heard. THE petition, affidavit filed in support of the petition, counter affidavit, typed set of papers and the documents produced by the respondent in the form of case diary file were also perused.
Huge quantity of Muriate of Potash measuring 3500 Metric Tonnes was imported by one Mr.Natarajan, a wholesale fertilizer dealer of Pudukottai, availing subsidy granted by the Central Government, for agricultural purpose stating that the same was to be used only as fertilizer. The said wholesale fertilizer dealer, according to the prosecution case, sold it to the second accused Mr.Nageswaran, Proprietor of Srikanth & Nagesh Firm. From Srikanth & Nagesh Firm (a wholesale dealer of fertilizers), Mr.Obula Reddy, Manager of the petitioner's factory by name M/s.Ennor Muds & Chemicals purchased 20 Metric Tonnes of Muriate of Potash and used the same for production of Potassium Lignite, which was later on sold for oil drilling purpose. According to the respondent (Investigating Officer), a search conducted in the above said factory on 09.04.2009 revealed the same pursuant to which, the Manager of the factory Mr.Obula Reddy was taken into custody and pursuant to the confessional statement of the said Obula Reddy, the factory premises was sealed in the presence of the said Obula Reddy and other witnesses on 17.04.2009. The said fact was also informed to the learned II Metropolitan Magistrate.