Ascent Industries PVT. LTD., Represented By Managing Director, V. Venkateswara Rao vs. State Of Kerala
Original PDF →Facts
Ascent Industries Pvt. Ltd. sought interim release of cardboard boxes seized from a vehicle, which the lower court dismissed, finding them liable for confiscation under Section 60(2) of the NDPS Act for being used to cover contraband. The company contended the boxes were legitimate goods being transported with proper invoices, including a GST invoice.
Held
The High Court held that the mere use of cardboard boxes to cover contraband does not automatically make them involved in the offence. It set aside the lower court's order and directed it to verify the genuineness of the petitioner's invoices and other details, then reconsider the application for interim release.
Key Issues
Whether cardboard boxes, legitimately owned and transported, are liable for confiscation under the NDPS Act merely because they were used by others to cover contraband. Whether the lower court erred in dismissing the application for interim release without verifying the genuineness of the petitioner's claims and invoices.
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
Dated this the 01st day of July, 2022 This petition is filed by the petitioner in Crl.M.P.No.682 of 2002 under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.) seeking to quash an order dismissing an application filed before 1st Additional Sessions Judge, Thrissur (for short ‘the court below’) under Section 451 of Cr.P.C, copy of which is produced alongwith as Annexure-A7. The application was filed under Section 451 of Cr.P.C, seeking for interim release of cardboard boxes found in the vehicle at the time of seizure of the contraband therefrom. Cardboard boxes were produced before the court as item No.4 in the list of properties PI 15/2022. 2. The court below formed an opinion upon perusal of the records that the cardboard boxes were used to cover up the contraband transported in the vehicle and accordingly liable for confiscation under Section 60(2) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the NDPS Act’).
CRL.MC NO. 3737 OF 2022 3
The report filed by the investigating officer before the court below is produced alongwith petition on hand as Annexure-A6. It is stated in the report that the cardboard sheets have been loaded in the lorry from Kakkinada in Andra Pradesh for transportation and delivery at Aswin Paper Company at Ernakulam as per an order placed in the mobile app of lorry brokers at Anakkappilly.
Petitioner is not arraigned as an accused in the case. He is the Managing Director of a Company namely Ascent Industries Pvt.Ltd at Andhra Pradesh engaged in the business of manufacturing of Straw Boards and Craft Boards. Accordingly to them, the company used to sent load of Straw Boards to Aswin Paper Co., 41/1624, Arangath Cross Road, Pulledpady, Ernakulam – 682 018. The petitioner has also furnished the invoice number and date and also the GST invoice number. According to the them, the load was sent in a lorry bearing No.KL-72-8284. 5. The lorry driver and three other persons were arrested in the crime. True that those persons had used the cardboard sheets to cover up the contraband. For that sole reason, the cardboard sheets
CRL.MC NO. 3737 OF 2022 4 cannot be said to be involved in the offence alleged in the crime. The court below shall check the veracity of the invoice and other details furnished with regard to the transportation of the cardboard sheets to Aswin Paper Company at Ernakulam and in case those are found genuine documents, shall reconsider Crl.M.P.No.682/2022. In the result, Crl.M.C No.3733 of 2022 is allowed and the impugned order is set aside. Crl.M.P.No.682/2022 shall be reconsidered and appropriate orders shall be passed within two weeks from the date of receipt of a certified copy of this order therein. MARY JOSEPH JUDGE SMA
CRL.MC NO. 3737 OF 2022 5 APPENDIX OF CRL.MC 3737/2022 PETITIONER ANNEXURES :- Annexure A1OF THE ORDER DATED 17.1.2022 SENT TO PETITIONER COMPANY BY ASWIN PAPER COMPANY Annexure A2OF TAX INVOICE NO.385 DATED 27.1.2022 PREPARED BY PETITIONER COMPANY AND SENT TO M/S. ASWIN PAPER COMPANY Annexure A3OF THE FREIGHT LETTER DATED 27.1.2022 ADDRESSED TO M/S. ASWIN PAPER COMPANY, ERNAKULAM Annexure A4OF THE FIRST INFORMATION REPORT BEARING NO.83/2022 OF KODAKARA POLICE STATION DATED 31.1.2022 Annexure A5OF THE CRL.M.P. NO.682/2022 FILED BEFORE THE HON'BLE SESSIONS COURT, THRISSUR DATED 24.2.2022 Annexure A6OF THE OBJECTION FILED BY 2ND RESPONDENT DATED 8.3.2022 IN CRL.M.P. NO.682/2022 ON THE FILE OF HON'BLE SESSIONS COURT, THRISSUR Annexure A7 THE CERTIFIED COPY OF THE ORDER DATED 15.3.2022 IN CRL.M.P. NO.682/2022 ON THE FILE OF 1ST ADDL. SESSIONS JUDGE, THRISSUR
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