Saurabh Malik
Tribune News Service
Chandigarh, September 5
The Punjab and Haryana High Court has dubbed as “insensitive” the approach adopted by a Jalandhar court while dealing with a plea for releasing merchandise ferried in a truck from which contraband was allegedly recovered.
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Insensitive approach
The judge of the Jalandhar Special Court noticed the State’s stand clearly spelt out in its report, but still missed it completely. Suffice to say that the manner/ approach with which the claim/ interest of the petitioner was dealt with was insensitive.
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The assertion came after Justice Arun Palli’s Bench made it clear that the Jalandhar court imposed onerous conditions even though the goods were never seized by the police.
The matter was brought to Justice Palli’s notice after CJ Darcl Logistics Limited sought the revision and modification of the order dated March 26 passed by the Jalandhar Special Court, vide which 840 bags of “ABS Resins” were ordered to be released, subject to certain “onerous” conditions.
The Bench was told that the petitioner company was engaged in the business of transporting goods. Its services were hired by M/s Ineos Styrolution India Limited for transporting the bags. But the vehicle carrying the goods was seized by the police in connection with an FIR registered on March 5 under the provisions of the NDPS Act at the Jalandhar Division-2 police station following the recovery of contraband from it. The truck driver, too, was arrested.
The petitioner then sought the release of the merchandise as it had nothing to do with the alleged offence and even the police did not require it for investigation. The goods were ordered to be released by the special court.
Justice Palli observed 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.
Punjab and Haryana High Court raps Jalandhar court in goods release case
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