Ascent Industries Pvt. Ltd., ... vs State Of Kerala
2022 Latest Caselaw 8224 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MRS. JUSTICE MARY JOSEPH
        FRIDAY, THE 1ST DAY OF JULY 2022 / 10TH ASHADHA, 1944
                      CRL.MC NO. 3737 OF 2022
  AGAINST THE ORDER/JUDGMENT IN CRMP 682/2022 OF 1ST ADDITIONAL
                      DISTRICT COURT, THRISSUR


PETITIONER/PETITIONER :-

           ASCENT INDUSTRIES PVT. LTD.,
           REGISTERED OFFICE 1 -120A, GANGAVARAM,
           K. GANGAVARAM, E.G. DISTRICT,
           ANDRA PRADESH 533305,
           REPRESENTED BY MANAGING DIRECTOR,
           V. VENKATESWARA RAO

           BY ADV K.G.CLEETUS


RESPONDENTS/STATE & RESPONDENT :-

    1      STATE OF KERALA
           REPRESENTED BY PUBLIC PROSECUTOR,
           HIGH COURT OF KERALA,
           ERNAKULAM, PIN - 682031

    2      CIRCLE INSPECTOR OF POLICE
           KODAKARA POLICE STATION,
           KODAKARA, THRISSUR,
           PIN 680684.


           BY SRI V S SREEJITH, PP


     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
01.07.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.MC NO. 3737 OF 2022
                                   2




                            ORDER

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.

4. 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

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.

Sd/-

MARY JOSEPH JUDGE SMA CRL.MC NO. 3737 OF 2022

APPENDIX OF CRL.MC 3737/2022

PETITIONER ANNEXURES :-

Annexure A1        TRUE COPY OF THE ORDER DATED 17.1.2022
                   SENT TO PETITIONER COMPANY BY ASWIN
                   PAPER COMPANY
Annexure A2        TRUE COPY OF TAX INVOICE NO.385 DATED
                   27.1.2022    PREPARED   BY    PETITIONER
                   COMPANY AND SENT TO M/S. ASWIN PAPER
                   COMPANY
Annexure A3        TRUE COPY OF THE FREIGHT LETTER DATED

27.1.2022 ADDRESSED TO M/S. ASWIN PAPER COMPANY, ERNAKULAM Annexure A4 TRUE COPY OF THE FIRST INFORMATION REPORT BEARING NO.83/2022 OF KODAKARA POLICE STATION DATED 31.1.2022 Annexure A5 TRUE COPY OF THE CRL.M.P. NO.682/2022 FILED BEFORE THE HON'BLE SESSIONS COURT, THRISSUR DATED 24.2.2022 Annexure A6 TRUE COPY OF 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