THE HON’BLE SRI JUSTICE G.KRISHNA MOHAN REDDY CRIMINAL PETITION NO.5637 OF 2008 Date: 25th March, 2011 Between: Navneeth Shantilal Shah …..Petitioner And Gerald Mathe and another …..Respondents THE COURT MADE THE FOLLOWING: THE HON’BLE SRI JUSTICE G.KRISHNA MOHAN REDDY CRIMINAL PETITION NO.5637 OF 2008 ORDER: 1. This Criminal Petition is filed to quash proceedings in C.C.No.378 of 2008 on the file of VIII Metropolitan Magistrate, Cyberabad at Rajendranagar. 2. The petitioner is the accused and the 1st respondent is the de facto complainant in the calender case. For convenience, I refer them as arrayed in the calender case from now afterwards. 3. The facts of the case are as follows: One of the customers of complainant-firm M/s.Professional Courier Services, Paradise, Secunderabad took a consignment vide C.D.No.431775536 of 8 bags weighing 84 Kgs. and C.D.No.431775540, 3 bags weighing 39 Kgs. to Mumbai through the complainant-firm. While screening the parcels of the above said consignment at Shamshabad Cargo Terminal, the screening official had found that inflammable materials (Printing Ink) were kept in the parcels and further found that wrong declaration of it was made. Accordingly, the complainant-firm gave complaint to the police for taking necessary measures. Basing upon the complaint, the case was registered in Crime No.129 of 2008 under Sections 285 and 417 IPC and investigated into. During the course of investigation, investigating officer examined and collected necessary evidence, which discloses that M/s.Professional Courier Services involved in the said consignment with criminal intention and is liable for prosecution for the offences punishable under Sections 285 and 417 IPC. 4. It is the contention of learned Counsel for the accused that the accused has been working with the M/s.Professional Courier Services, Paradise, Secunderabad as an Area Manager and the business of M/s.Professional Courier Services is to collect consignments from its customers and handover the same to the intended persons which have to be transported by Air Cargo/Rail/Road to other destinations in India and during the course of its business, the accused booked the consignment without specifying the products therein and it appears that the real aspect was brought to light in the Airport, following which the report was given by the complainant and the case was registered against the accused, who is innocent. 5. Therefore, it is to be examined as to whether any sufficient material is there in order to prosecute the accused with regards to the said offences. 6. It is pertinent to note here that admittedly the consignment was booked by the accused whereas the accused claims that he got no personal knowledge about the contents therein and he did his duty and there is no material to prosecute him. But, when there is a clear admission from him to the effect that the consignment was booked by him, it is very difficult to say now whether he is innocent or not. It is purely a question of fact to be decided basing upon the necessary trial to be conducted in the Calender Case. Therefore, at this stage, there is no sufficient material to uphold the claim of the petitioner. 7. Therefore, the petition is dismissed. _____________________________________ JUSTICE G.KRISHNA MOHAN REDDY 25th March, 2011 Tjmr THE HON’BLE SRI JUSTICE G.KRISHNA MOHAN REDDY CRIMINAL PETITION NO.5637 OF 2008 DATE: 25th March, 2011 TJMR