The Madras High Court today directed the Tuticorin Judicial Magistrate-I to issue notice to the crew members of the U.S Vessel Seaman Ohio and hand over their personal belongings except those articles, including arms and passport for which police had raised objections.
Justice S.Nagamuthu of the Madurai Bench disposed of the petition filed by the 35 crew members, including Captain Dudinik Valentyn. They sought a direction to the Tuticorin Judicial Magistrate-I to return their passports and other belongings.
The judge said that as the petitioners were claiming that they did not have income and any livelihood, the JM could serve them notice to come on a Saturday and return their properties.
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The JM should visit the ship along with the petitioners and their advocates as well as the 'Q' branch police and return the movable properties to the petitioners kept in the safety locker of the vessel. If anything objectionable was found in the safety locker, the same should not be given to them, the judge said.
The JM should also get acknowledgement for the items being handed over to the petitioners.
The Q branch Police had objected to the return of 102 magazines, 32 arms, Central Processing unit, digital recorder, passports, CDs, deck log book, Captain's logbook besides provisional registration document of the vessel, among others. They should not be returned, the judge said.
The petitioners submitted that the charges against them had been quashed though appeal was pending in the Supreme Court. Hence, their properties should be returned. It was illegal to hold back passports, travel documents and personal belongings and they had been deprived of work, wages, family and dignified existence, they said.
They said they were unable to move on and sustain themselves.
The 35 crew members of the ship were arrested on October 18, 2013 by Tamil Nadu police after the vessel was intercepted by the Coast Guard. They were booked under Arms Act and Essential Commodities Act. The crew members were also accused of illegal purchase of diesel from local agents.
