Punjab-Haryana High Court
Goel Roadways vs State Of Punjab on 6 November, 2012
CRR-3377-2012 1
..
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Criminal Revision No. 3377 of 2012 (O&M)
Date of Decision :November 06, 2012
Goel Roadways, Ludhiana
.... Petitioner
Versus
State of Punjab
.... Respondent
CORAM : HON'BLE MR. JUSTICE VIJENDER SINGH MALIK
1.Whether Reporters of local papers may be allowed to see the judgment?
2.Whether to be referred to the Reporters or not?
3.Whether the judgment should be reported in the Digest?
Present Mr. Sukhjinder Singh Behl, Advocate,
for the petitioner.
Mr. Amit Chaudhary, A. A.G., Punjab,
for the State.
VIJENDER SINGH MALIK, J.
This is a revision petition brought by Goel Roadways, Ludhiana through its attorney Bajrang Lal Sharma. The revision has been filed questioning the order dated 9.10.2012 passed by learned Additional Sessions Judge, Special Court, SBS Nagar whereby the application of the petitioner for release of 987 boxes of pressure cookers and 109 master cartoons on supardari has been allowed with certain conditions not acceptable to the petitioner.
In a case registered by way of FIR No. 97 dated 18.8.2012 at Police Station Rahon, District SBS Nagar, the police intercepted a truck and recovered therefrom some contraband under the Narcotic Drugs and CRR-3377-2012 2 ..
Psychotropic Substances Act, 1985 (for short, "the Act") from Sarwan Singh, its driver. The truck was also carrying 987 boxes of pressure cookers and 109 master cartoons in its loading section and while taking the truck in possession, they were also taken into possession by the police.
An application was made thereafter for releasing the said boxes and cartoons on supardari and learned Additional Sessions Judge, Special Court, SBS Nagar has ordered the release of the aforesaid articles on supardari to Goel Roadways on the following terms and conditions:-
(1). the articles be released to the applicant on furnishing of supardari bonds in the sum of Rs.21,00,000/- with one surety in the like amount;
(II). that the police will take photographs of 987 boxes of pressure cooker and 109 master cartoon from each side of boxes at the expenses of applicant; III) that the applicant will not sell the said articles; IV). that the applicant will produce these articles on each and every date of hearing in the court or when he was called to produce the same;
V). that the applicant will not hand over the custody of the articles to some other person."
Aggrieved by the aforesaid conditions, the present revision petition has been filed.
It may be made clear at the very outset that the boxes of pressure cookers and other cartoons were sought to be released and CRR-3377-2012 3 ..
have been ordered to be released on furnishing of bonds in a sum of Rs.21.00 lakhs with one surety in the like amount. The condition that is claimed to be most objectionable by learned counsel for the petitioner is that the police was directed to release the goods only after taking photographs of 987 boxes of pressure cookers and 109 master cartoons from each side of the boxes at the expense of the petitioner. This clearly shows that six photographs of each box will have to be taken which comes to about 6000 snaps and if more than one copy was to be prepared of each snap then the number of photographs may go in the vicinity of about 10000 snaps. The cost of the photographs is claimed to be unbearable by the petitioner which is only a goods carrier. The other conditions of not selling the aforesaid goods and production of the boxes on each date of hearing are also objected to by learned counsel for the petitioner.
The first question that arises is as to whether these boxes and cartoons are in any way related to the recovery of the contraband and if they are a part of the case property. Under the Act, the conveyance of the contraband is liable to confiscation but if some other goods were being carried alongwith the contraband, those other goods cannot be said to be liable to confiscation in any event.
Learned State counsel has, however, raised a suspicion as to whether the contraband may be carried in the boxes of pressure cookers and other master cartoons also. This fact is not examined by the police so far. Possibility can always be there that some such contraband item is carried in those boxes. Mere fact that they are sealed would not rule out any such possibility. However, for examining that possibility, it is not CRR-3377-2012 4 ..
necessary that all the boxes and cartoons should be opened. The purpose could be served if a box of pressure cooker and one master cartoon selected randomly is opened by the police in the presence of the representative of the petitioner to find out if that contained any contraband item. They should be weighed to have the standard weight of the box and cartoon and then the other boxes and cartoons should be weighed. If no contraband item is found therein, the weight of box and cartoon would be standard weight of the boxes and cartoons. The police may weigh the other boxes and cartoons to find out if they could have any extra material in them. The proceedings in this regard are requested by learned counsel for the petitioner to be videographed at the cost of the petitioner, which is allowed.
In case no contraband is found in these boxes and cartoons, there is no need to release them on supardari. Consequently, the petition is allowed and the boxes and cartoons are ordered to be released to the representative of the petitioner against a receipt if they are not found to be carrying any contraband material. In the other event, the required proceedings would commence and this order would be inoperative for the release of those items.
(VIJENDER SINGH MALIK) JUDGE November 06, 2012 som