TaxTMI 
TaxTMI 
2025 (7) TMI 577
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.... And for the said act of your Kindness, the petitioner as in duty bound shall ever pray." 2. Annexure-1 to the CRLMC is order dated 12.02.2024 passed in Criminal Misc. Case No. 02 of 2024 by the learned Additional District and Sessions Judge, Kujang. The operative portion of the order dated 12.02.2024 is extracted below: "(i) The petitioner is directed to file bank guarantee of Rs. 10,00,00,000/- (ten crores) executed in any nationalised bank within the jurisdiction this court. (ii) Further, the petitioner file an indemnity bond to the tune of the valuation of the vessel Rs.100,00,00,000 (rupees hundred crores) and one solvent surety for the like amount. (iii) The petitioner is to file four hard copies of self attested photographs taken from all angles of the seized vessel. The digital photographs and a video clip of not more than one minute duration of the vessel from all angles, stored in a pen-drive is also to be filed. The date on which data has been stored or copies to the pen-drive is to be furnished too. The photos and video stored in the pen-drive should be clearly visible and the photos should also reveal the International Maritime Org....
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.... and commenced loaded of cargo on 30.11.2023 and was supposed to discharge at Fredericia Port, Denmark. While loading of cargo was under process, there was an oil leakage on crane no.3 for which the master of the vessel sent to Chief Officer as well as the second engineer to inspect it. During the endeavour, it was found that some strange packet were present. Further, similar packets were also detected on crane No. 2. Thereafter, the master of the vessel immediately sent mail to the charter agent and also informed the Govt. authorities about the incident through mail, Thereafter, the Paradeep police station informed about the incident to the offices of Paradeep Custom Division. Basing on the information received from Paradeep Police station, the officers of Paradeep Custom Division during such proceeding effected seizure of total 22.22 k.g. of white/brown colour hard brittle substance with pungent smell suspected to be cocaine in total 22 number of packets all recovered from unboard vessel MV DEBI along with the packing materials and magnet. Subsequently, on dated 22.12.2023 the vessel MV DEBI was seized vide seizure memo dated 22.12.2023 under Panchnama dated 22.12.2023. 4. CRL....
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....f the events mentioned in the note are not reflected in the CRLMC filed in this Court. 10 A written note of submission has also been filed today on behalf of the applicant Vessel owner where there is a reference to a number of decisions of the Supreme Court and two and three lines of these decisions have been quoted in the note, but none of these decisions have been furnished/submitted for perusal of this Court. The written note of submissions as well as the note of chronological summary of events in the matter of Vessel M.V. DEBI filed in Court, are taken on record. 11. In the written note of submission the following prayer has been made which again is not the prayer in this CRLMC:- "FINAL PRAYER In view of the above facts, principles of law, humanitarian considerations, and grave risks to environment and public safety, the Applicant humbly prays that this Hon'ble Court may graciously be pleased to; 1. Direct the Customs Authorities to forthwith grant permission for photography and videography of the vessel M.V. DEBI in compliance with the Hon'ble Court's bail order dated 12.02.2024. 2. Record and accept the Applicant's uncondi....
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....CRLMC No. 2 of 2024 by the learned Additional and District Sessions Judge, Kujanga and the same order had also been challenged by the Union of India in Criminal Revision No. 93 of 2024 and both the cases have been disposed of by common judgment dated 07.03.2025 by a coordinate Bench of this Court. It is apparent that the petitioner has not approached this Court which clean hands. 15. Perused the judgment dated 07.03.2025. 16. By said judgment, this Court dismissed Criminal Revision Petition No. 93 of 2024 as being devoid of merit but modified order dated 12.02.2024 by issuing the following directions:- "31. Reverting back to the financial condition imposed in condition Nos.1 and 2, this Court finds that the condition No. 1 with regard to furnishing a Bank Guarantee would be a harsh condition so far the Petitioner-Shipping Company is concerned since they are not having any bank account in India. Therefore. the condition No. 1 requires reconsideration by this Court. Accordingly, the condition No. 1 is hereby waived. So far the condition No. 2 is concerned, the value of the vessel has been assessed on a hypothetical basis. In other words, the real value of the vessel ha....