Case Note & Summary
The petitioners, Sunil Kumar Koushik and Vijay Kochhar, were accused Nos. 2 and 3 in Crime No. 12/2021-22 registered at Indi Excise Police Station for offences under Sections 15(c), 18(c), 25, 61, and 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). The case arose from the seizure of 500 kg of poppy straw powder from a vehicle (HR-38-T-5583) owned by Nitco Logistic Private Limited, where the petitioners were Senior Manager and Managing Director respectively. The driver (accused No. 1) was transporting the contraband. The petitioners filed a petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking quashing of the FIR, complaint, and charge sheet, as well as the proceedings in Special Case (NDPS) No. 10/2022 pending before the Principal District and Sessions Judge, Vijayapura. The court examined the charge sheet and found no material to indicate that the petitioners had any knowledge of or involvement in the transportation of the poppy straw. The court held that vicarious liability cannot be imposed under the NDPS Act without proof of conscious possession or connivance. The court quashed the proceedings against the petitioners, allowing the petition.
Headnote
A) Criminal Law - Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 15(c), 18(c), 25, 61, 8(c) - Vicarious Liability - Directors of a transport company cannot be held vicariously liable for the illegal transportation of poppy straw by the driver of a vehicle owned by the company, in the absence of any evidence of their conscious possession or knowledge of the contraband. The court quashed the proceedings against the petitioners, holding that mere ownership of the vehicle or position as directors does not attract liability under the NDPS Act without proof of mens rea or connivance. (Paras 6-10) B) Criminal Procedure Code, 1973 - Section 482 - Inherent Powers - Quashing of FIR - The High Court can exercise its inherent powers under Section 482 Cr.P.C. to quash criminal proceedings if the allegations, even if taken at face value, do not constitute any offence or if the prosecution is an abuse of process of law. In this case, the court found that the charge sheet did not disclose any offence against the petitioners, as there was no material to show their involvement or knowledge of the contraband. (Paras 5-10)
Issue of Consideration
Whether the petitioners, who are directors of a transport company, can be prosecuted under the NDPS Act for the alleged illegal transportation of poppy straw by the driver of a vehicle owned by the company, in the absence of any evidence of their conscious possession or knowledge.
Final Decision
The petition is allowed. The proceedings in Crime No. 12/2021-22 of Indi Excise Police Station and Special Case (NDPS) No. 10/2022 on the file of Prl. Dist. & Sessions Judge, Vijayapura, are quashed insofar as the petitioners/accused Nos. 2 and 3 are concerned.
Law Points
- Vicarious liability under NDPS Act
- Conscious possession
- Quashing of criminal proceedings under Section 482 Cr.P.C.
- Directors' liability for company's acts
