Greeva Garg –
Published on: September 6, 2021, at 16:41 IST
The Punjab and Haryana High Court has denounced a Jalandhar Court at its inconsiderate approach in dealing with a plea for release of goods ferried truck from which contraband was allegedly recovered.
The plea was filed by CJ Darcl Logistics Limited for revision and modification of an Order passed by the Jalandhar Special Court on March 26, vide which 840 bags of ABS Resins were ordered to be released after the fulfilment of certain onerous conditions.
The Bench was informed that the petitioner company deals with the merchandise transporting business.
While its services were hired by M/s Ineos Styrolutoin India Limited, the vehicle carrying its goods was seized by the Police in progress to an FIR registered on March 5, under the provisions of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.
The truck driver was also arrested by the police.
Contending the merchandise to be legal and none of its involvement with the alleged offences, the petitioner moved to the High Court.
The plea was posted before the Bench headed by Justice Arun Palli, who asserted after considering all the submissions that, “The investigating agency’s report before the trial court categorically stated that the goods should be released in the owner’s favour as these were not made case property. The State reiterated the stand before the Court.”
Justice Palli observed, “It clearly emerged that the goods were never seized by the police, were never made case property, and had no relevance/concern with the trial of the case. The imposition of such onerous conditions in the given circumstances was apparently erroneous and unjustified.”
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