AI Structured Summary
Not yet generated for this judgment
Judgment
ORDER
This Writ Petition was initially filed seeking to quash Crime No. 8 of 2026 on the file of Krishnapatnam Police Station, SPSR Nellore District, and for consequential reliefs, including a direction to the police authorities to issue a No Objection Certificate (NOC) permitting the vessel, M.T. Fuji Chem, to proceed from Krishnapatnam Port to the designated ship-recycling facility at Alang Ship Breaking Yard, Gujarat, under her own propulsion. Subsequently, however, the petitioner restricted the relief sought in the Writ Petition solely to issuance of the NOC permitting the vessel to undertake a one-time voyage, under her own propulsion and not by towage, from Krishnapatnam Port to Alang Ship Breaking Yard.
Heard Sri P. Niroop, learned Senior Counsel, assisted by Sri S. Chakrapani, learned counsel for the petitioner; Sri Challa Dhananjaya, learned Additional Solicitor General, assisted by Sri G. Arun Showri, learned Central Government Counsel; and Sri Farooq, learned Assistant Government Pleader for Home.
Sri P. Niroop, learned Senior Counsel, reiterating the averments in the writ affidavit, submitted that the subject vessel has been detained by Respondent Nos. 5 and 6 on account of an alleged discrepancy in its registration number. The learned senior counsel submits that the petitioner having admitted that there was discrepancy in registration number as alleged by police proposed to scrap and dismantle the vessel at the Alang Ship Breaking Yard, Gujarat. He further submitted that, despite seeking the requisite permissions for movement of the vessel for ship-breaking, the necessary clearances have not been issued. The petitioner is ready and willing to furnish adequate security or execute such bond as may be required by the competent authorities. The learned senior counsel, therefore, prayed for a direction to the SHO for issuance of a No Objection Certificate (NOC), enabling the vessel to undertake a one-time voyage to Alang for dismantling and recycling.
On the other hand, Sri Challa Dhananjaya, learned Additional Solicitor General, submitted that Respondent Nos. 5 and 6 have no objection for issuance of the NOC, subject to the petitioner complying with the conditions stipulated in the check-list furnished.
Sri Farooq, learned Assistant Government Pleader for Home, submitted that, in connection with the crime registered in respect of the vessel, 27 witnesses have so far been examined and the investigation is still in progress. That the owner of the vessel has not been cooperating with the investigation and, for that reason, the police authorities have not been able to conclude the investigation and file the charge sheet and in case the vessel is permitted to sail as sought for by the petitioner, securing the presence of owner of the vessel for further investigation would become impossible. He further submitted that, if the owner of the vessel appears before the investigating agency, cooperates with the investigation and fulfils all the conditions stipulated in the check-list & other conditions, if any imposed by the police authorities would have no objection to issuing the NOC sought by the petitioner.
In reply, Sri P. Niroop, learned Senior Counsel, submitted that Sri Manoj Kanal, owner of the vessel, along with his authorized representative, Sri Vijay Kumar, would appear before the concerned Station House Officer on 12.10.2026 and comply the requirements stipulated by the authorities.
There is merit in the contention raised by the learned Assistant Government Pleader for Home that the presence and cooperation of the vessel's owner are necessary to conclude the investigation. However, since the owner of the vessel has explicitly admitted to the discrepancy regarding the vessel's registration number and wants to scrap it, continued detention of the vessel is unwarranted. The owner's presence and cooperation can instead be effectively secured by imposing appropriate conditions.
Having considered the submissions of the learned counsel for the respective parties, this Court finds that the controversy now lies within a narrow compass.
Learned Senior Counsel for the petitioner submitted that the vessel's owner is ready and willing to appear before the investigating authority, satisfy all conditions stipulated in the prescribed checklist, and abide by any further conditions imposed by the concerned Station House Officer (SHO). In response, the learned Assistant Government Pleader fairly conceded that upon such compliance, the police authorities would have no objection to the issuance of the No Objection Certificate (NOC).
In view of these submissions, and noting that the petitioner acknowledges the discrepancy regarding the registration number, the continued stationing of the vessel for investigative purposes is deemed unnecessary. Furthermore, as the relief now sought is strictly confined to permitting a single, one-time voyage of the vessel to the Alang Ship Breaking Yard for dismantling, this Writ Petition can be disposed of without expressing any opinion on the merits of the underlying crime or the pending investigation. The checklist filed along with the memo shall form an integral part of this order.
Accordingly, the Writ Petition is disposed of directing Sri Manoj Kanal, owner of the vessel, along with his authorized representative, Sri Vijay Kumar, to appear before the Station House Officer, Krishnapatnam Police Station, on 12.10.2026, cooperate with the investigation and fulfill all the conditions stipulated in the check-list and the conditions, if any, imposed to the satisfaction of the Station House Officer. Upon such compliance, the competent authorities shall issue the necessary NOC and permit the vessel to undertake a one-time voyage, under her own propulsion, from Krishnapatnam Port to Alang Ship Breaking Yard, Gujarat, solely for dismantling and recycling. There shall be no order as to costs.
Registry shall enclose copy of the checklist to this order.
Pending miscellaneous petitions, if any, shall stand closed.