IN THE MATTER OF: SHRI MANISH MALHOTRA Vs. THE STATE OF WEST BENGAL & ORS.
LAWS(CAL)-2018-8-245
HIGH COURT OF CALCUTTA
Decided on August 23,2018

In The Matter Of: Shri Manish Malhotra Appellant
VERSUS
The State of West Bengal and Ors. Respondents

JUDGEMENT

SHIVAKANT PRASAD,J. - (1.) In this revisional application the petitioner has prayed for modification of the order dated 19.06.2018 passed in the procceedings being No. N-87/18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 passed by the Court of the Learned Additional District and Sessions Judge, 6th Court, Barasat, North 24- Parganas in connection with Bongaon Police Station Case No. 309 dated 5th May, 2018 under Sections 21(c)/ 29 of the Narcotic Drugs and Psychotropic Substance Act, 1985 and under Section 180 of the Motor Vehicles Act.
(2.) The background of this case is that the nature of operation of the business of the petitioner is primarily receiving orders and/or consignments from various concerns and to transport them to their respective destination and that he was not responsible for transportation of the goods being the narcotic drugs and psychotropic substance. The petitioner is a reputed establishment working in the field of transportation. M/s. Prakash Road Transport Corporation has been the contracted shipper to erstwhile Hero Honda since September, 2006. Thereafter his contract was carried on by Hero Moto Corp. after 2011, as Hero and Honda demerged in 2011.
(3.) In April, 2018 Hero Moto Corporation Ltd. entrusted the petitioner company being the nominated transporter of the said company for transportation of certain goods from Gurgaon (Haryana) to the plant of the consignee being HMCL Niloy Bangladesh Ltd. situated in Padmabilla, Shakharigati, Kotowali Jessore (Bengladesh) via petropole (India) to Benapole (Bangladesh) land port. The consignment consisted of 19 wooden boxes containing 7140 pieces of various components of Hero Motor Cycles being the export invoice no. 83906389 dated 24.04.2018 and integrated invoice no. 2G1882000116 dated 27th April, 2018 and the goods were checked and was loaded under the supervision of DGM (Exports), Hero Moto Corp. Ltd. in the truck being no. HR 38V-3486 on 27.04.2018.;


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