Containers containing Contraband Goods in Concealed Manner Seized by DRI: Delhi HC upholds Trial Court proceeding of Framing Charges [Read Order]

The Delhi High Court upheld the Trial Court proceeding of framing charges on finding of containers containing contraband goods in concealed manner seized by the Directorate of Revenue Intelligence ( DRI ).

It is the case of the prosecution that an information was received that four containers containing goods declared to be Rock Salt Powder, were imported vide bill of lading by a Delhi based importer and that the said containers were presently lying at ICD Tughlakabad, New Delhi. It was informed that these containers contained the contraband goods in a concealed manner.

The prosecution further alleged that one Mr. Nitish Kumar is the proprietor of M/s Goodlife Global Pvt. Ltd. In his voluntarily statement, he stated that he was earlier working as a freelance real estate agent and it was the petitioner no.2 who suggested him to try the import and export business.

The counsel for the petitioners submitted that the petitioners have been involved in the present case merely based on the alleged disclosure statement made by co-accused and that M/s Abetar Healthcare Pvt. Ltd. has not been made an accused and in absence of the company, the petitioner no.1 cannot be made an accused.

In the present case, the prosecution has alleged that as far as the petitioner no.1 is concerned, the petitioner no.1 is one of the directors of M/s Abetar Healthcare Pvt. Ltd., the original consignee of the containers and that while the other director, Mr.Lalit Singh, refused to accept the consignment, the petitioner no.1 did not do so. It was further alleged that the petitioner no.1 entered into the conspiracy with other co-accused persons to ensure that the contraband is still imported into India.

The Court of Justice Navin Chawla observed that “As far as the petitioner no.2 is concerned, the documents relating to M/s Goodlife Global were recovered from his premises. The prosecution alleges that there are also WhatsApp conversations recorded, as per which, the petitioner no.2 has discussed about the consignment with Mr.Lalit Singh, the director of M/s Abetor Healthcare Pvt. Ltd., as has been noted hereinabove. In my view, therefore, based on the above circumstances, the learned Trial Court has rightly proceeded to frame the charges against the petitioners.”

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