US ship's crew move HC to quash case in lower court

The 35-members crew of the US-firm owned ship M V Seamen Guard Ohio, including the 33 on conditional bail, today sought a direction from the Madras High Court bench here, to quash the proceedings of the case registered against them under Arms Act and Essential Commodities Act, pending before a Tuticorin Magistrate court.
The Coast Guard authorities had detained the ship on October 11 last year off Tuticorin port on charges of trespassing in Indian waters and carrying arms and ammunition without licence. Police arrested the crew members on October 18 and they remained in judicial custody for about six months.

Of the 35, 33 crew members were granted bail by Madurai Bench of the Madras High Court on March 26. The court, however, refused bail to the ship's Captain and Vice-Captain Dudinik Valentyn and Paul David Dennis Towers respectively.
The Petitioners, including Dudinik Valentyn, said the charge-sheet did not make out prima facie offence against them and acts and provisions invoked did not apply to them.
They said the Arms Act 1959 barred the applicability of the Act to arms and Ammunition on board any seagoing vessel or Aircraft and forming part of the ordinary armament of equipment of such vessel or aircraft.

The petitioners, who were charged with entering the Indian waters with arms without permission, said they were entitled to protection under the Territorial Waters, Continental Shelf, Exclusive Economic zone and Other Maritime Zone Act. Besides India was a signatory to the UN Convention on Law of Sea, and it was India's duty to operate in the repression of piracy.

The statute says that provisions contained in the Arms act would not apply to the vessel owned by the petitioner company, they said.
Regarding the case filed against them under the essential commodities act,they said the vessel took the diesel as the fuel level was dangerously low. The vessel was on the verge of black out. Earlier the vessel called on Kochi port also.

The Petitioners also sought a direction to stay the proceedings in the Judicial magistrate court and also quash the charge-sheet.
Justice G M Akbarali ordered issue of notice to the Q branch-CID and also said police should not insist on committal of the case in the lower court. The judge asked the officials to file their counter on April 22.