O.P Saboo vs State Of Kerala
2021 Latest Caselaw 903 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

              THE HONOURABLE MR. JUSTICE P.SOMARAJAN

     MONDAY, THE 11TH DAY OF JANUARY 2021 / 21TH POUSHA, 1942

                      Crl.MC.No.6973 OF 2018

 AGAINST THE ORDER/JUDGMENT IN CC 822/2016 OF JUDICIAL MAGISTRATE
                   OF FIRST CLASS -IV,KOZHIKODE


PETITIONER/ACCUSED NO.2:

             O.P SABOO, AGED 68 YEARS,
             CHAIRMAN AND MANAGING DIRECTOR, FIRST FLIGHT COURIERS
             LTD, G-1001/02, 10TH FLOOR, LOTUS CORPORATE PARK, OFF
             J COACH FLY OVER, WESTERN EXPRESS HIGHWAY, GURGUAN
             EAST, MUMBAI 400 063.

             BY ADVS.
             SRI.S.SREEKUMAR (SR.)
             SRI.P.MARTIN JOSE
             SRI.P.PRIJITH
             SRI.THOMAS P.KURUVILLA
             SRI.S.K.SAJU

RESPONDENTS/STATE AND COMPLAINANT:

      1      STATE OF KERALA
             REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
             KERALA, ERNAKULAM.

      2      PREMKUMAR CHANDRA RAJAH
             PROPRIETOR, M/S.KYRALI, ROOM NO.10, 6/896, YMCA
             SHOPPING COMPLEX, KANNUR ROAD, KOZHIKODE - 673 011.

             R2 BY ADV. SRI.G.S.KRISHNAN KARTHA
             R2 BY ADV. SRI.LIJIN THAMBAN
             R2 BY ADV. SRI.M.RETHEESHKUMAR

             PUBLIC PROSECUTOR.SRI.M.S.BREEZ

     THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD            ON
11.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No.6973 OF 2018              2




                                ORDER

A consignment of 24 bottles of

'Pankajakasthuri Breath Easy' was entrusted

with a courier company, the accused for

exporting the same to America. But, the

customs authorities objected its export on the

ground that it is not a commercial goods, but

medicinal goods which requires certain other

legal formalities. Hence the same was returned

by the courier company along with the charge

received in that behalf. But the crime was

registered on the allegation that he sustained

heavy loss on account of its non-export. No

one can be permitted to plead ignorance

regarding the requirements to be complied with

while exporting medicinal goods. The failure on

the part of the complainant to comply with the

said requirement cannot be placed on the

shoulder of the accused. Further, no criminal

liability can be extended on the accused for

the wrong done by the defacto complainant. The

crime registered on the allegation of offence

under Section 420 IPC is really ill-conceived

and ill-motivated, without satisfying the

requirement which would constitute Section 415

IPC. Hence, the entire crime and the further

proceedings are quashed. Crl.M.C. is allowed

accordingly.

Sd/-

P.SOMARAJAN

JUDGE

msp

APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE A1 CERTIFIED COPY OF THE COMPLAINT DATED 15/03/2016 FILED BY THE 2ND RESPONDENT BEFORE THE LEARNED JFMC-IV, KOZHIKODE.

ANNEXURE A2 TRUE COPY OF THE RECEIPT DATED 28/04/2015 ISSUED BY THE ACCOUNTANT OF THE 2ND RESPONDENT'S CONCERN.

ANNEXURE A3 TRUE COPY OF THE LAWYER NOTICE DATED 18/04/2015 ISSUED ON BEHALF OF THE 2ND RESPONDENT.

ANNEXURE A4 TRUE COPY OF THE REPLY NOTICE DATED 08/05/2015.

//TRUE COPY//

P.A. TO JUDGE