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The HC set aside the impugned order of the JM No.1, Ramanathapuram, which had dismissed the petition for return of seized shark fin properties. The petitioner failed to prove exclusive intra-state trade, but the Court found no evidence that the seized goods, partially comprising non-prohibited species, were intended for export without requisite permissions or destined for any foreign country, including Sri Lanka. The prosecution's objections to release lacked substantive basis, and the Magistrate's dismissal was deemed mechanical and unsustainable. Consequently, the Court allowed the criminal revision, ordering the return of the seized properties to the petitioner subject to compliance with imposed conditions.
The HC set aside the impugned order of the JM No.1, Ramanathapuram, which had dismissed the petition for return of seized shark fin properties. The petitioner failed to prove exclusive intra-state trade, but the Court found no evidence that the seized goods, partially comprising non-prohibited species, were intended for export without requisite permissions or destined for any foreign country, including Sri Lanka. The prosecution's objections to release lacked substantive basis, and the Magistrate's dismissal was deemed mechanical and unsustainable. Consequently, the Court allowed the criminal revision, ordering the return of the seized properties to the petitioner subject to compliance with imposed conditions.
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