Contraband In Shipment Vehicle: Karnataka High Court Grants Relief To Logistic Company Employees In NDPS Case

A single judge bench of Justice P N Desai sitting at Kalaburagi allowed the petition filed by the Manager and MD of Nitco Logistic Pvt Ltd.

The bench said, "The charge sheet materials, allegations against these petitioners, the statement of the driver, the contents of the panchnama and Sections referred above, it is evident that these petitioners cannot be prosecuted as they have nothing to do with the said alleged offences. Therefore, continuing the proceedings against them is nothing but abuse of process of law and Court."

On receiving secret information, the Excise Inspector intercepted the company's shipment vehicle and found contraband (500 grams poppy straw powder) in fertiliser bags, behind the driver's seat. The accused were arrested and said powder and vehicle were seized. The police registered the complaint and after completing investigation, filed a charge sheet against the driver as well as the Petitioners herein.

At the outset, the bench noted that there is nothing to show that these petitioners either knew the owners of the said logistic or they had knowingly permitted driver to transport such contraband substance. It observed,

"When the accused No.1 - driver himself stated that owners of the vehicle or owners of the goods were not knowing that he is transporting the said contraband substance, the question of prosecuting these petitioners does not arise at all."

The Petitioners had argued that goods loaded in the vehicle were all as per the supporting invoices and nothing was recovered from the shipment container, which is locked after loading and is opened only at the place of unloading by giving one time lock password. The contraband was recovered from the driver's cabin and they had no knowledge of the same.

The State on the other hand contended that whether the petitioners were having knowledge or not, is to be proved at the time of trial, not at this stage. 

Case Title: SUNIL KUMAR KOUSHIK & ANR v. State of Karnataka

Case No: CRIMINAL PETITION NO.201054/2022

Citation: 2022 LiveLaw (Kar) 416

Date of Order: 21^ST DAY OF SEPTEMBER, 2022

Appearance: SHINDE GEETA RAMAKRISHNA, ADVOCATE for petitioners; GURURAJ V. HASILKAR, HCGP for respondent