Decided on March 15,1993



- (1.)This petition under S.482 Cr.P.C. is to quash Annexure-A proceedings which is the complaint in C.C. No. 46 of 1992 of the Sessions Court, Ernakulam, filed by the respondent under S.8, 23, 28, 29 and 30 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'The N.D.P.S. Act') and S.135(1) and 135-A of the Customs Act, 1962.
(2.)Petitioner is the 4th accused in the said case. M/s. Transporewala Engineers, 365, R.K. Industrial Estate, Marol, Andheri Estate, Bombay-59 filed shipping Bill No. 766 dated 15-11-1989 through their Shipping Agent at Cochin for export of a consignment consisting of 100 bundles of fencing wire and 86 pallets of M.S. Grills from Cochin Port to the Consignee, M/s. Custom Metal Design, Chig. U.S.A. When the consignment reached Ernakulam Wharf on 16-11-1989 the Shipping Agent presented shipping bill before the Customs Appraiser, Customs House, Cochin for examination of the cargo. The examination of the cargo by then was taken over by the Special Investigation Branch, Customs House, Cochin as they entertained suspicion as regards the genuineness of the cargo. On discovering that the exporters were staying in Room No. 315 of Dwaraka Hotel, Ernakulam, Officers of the Investigation Branch conducted a search of the room and apprehended the exporters, who are accused 1 and 2 in Annexure-A. On interrogation of the accused 1 and 2 by the officers they admitted that they are the exporters of the consignment and that 'Hashish'is concealed in the cargo. The officers also seized 85 documents on the search of the room occupied by accused 1 and 2. The officers also got information from the said accused that accused No. 7 who is also connected with the export of the said consignment was staying in Good-Shepherd Tourist Home, Ernakulam; accused No. 7 also was arrested. Their statements were recorded under S.108 of the Customs Act. On examining me cargo in the presence of accused 1, 2 and 7 and the Shipping Agent the officers recovered 2,404 slabs of 'Hashish' having a total weight of 1165.1 Kgs. kept concealed in the cargo.
(3.)The complaint states as to what A1, A2 and A7 stated in their statements under S.108 of the Customs Act. First accused in his statement admitted that, he is a businessman at Bombay engaged in export business and that, he was engaged inexpert business and that he was engaged by accused 2 and 3 for arranging shipments of the cargo that original documents were prepared for export of the cargo through Kandla Port; as advised by a man named 'Kaka' who was also directly concerned with the export of 'Hashish' he (the first accused) visited Cochin along with the 2nd accused and made arrangement for shipment of the cargo through Cochin Port and that the goods were sent to Cochin from Rajkot from the godown of the petitioner - 4th accused.

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