ANTHRU Vs. STATE OF KERALA

JUDGEMENT

(1.) This petition is filed under Section 482 of the Cr.P.C.

(2.) On 12.03.2018, the Sub Inspector of Police, Kuruppumpady Police Station along with his party, intercepted four persons on reasonable suspicion while they were standing outside a plywood factory and they were asked to divulge their credentials. Further enquiry revealed that they were citizens of Bangladesh and were working in Star Plywoods, a Company owned by the petitioner. It was also revealed that they had travelled to India illegally without any valid travel document or VISA and they were illegally staying on in the country. They were arrested and Crime No.458 of 2018 was registered under Sections 13 , 14 of the Foreigners Act, 1946 and under Section 3 of the Passport (Entry into India Act ), 1920. Detailed investigation was conducted and final report was laid before the jurisdictional court and the case is now pending as C.C.No.456 of 2018 on the file of the Judicial Magistrate of First Class, Kuruppumpady.

(3.) Sri.C.A.Navas, the learned counsel appearing for the petitioner, submitted that the petitioner has been roped in on the allegation that he had provided employment to accused Nos. 1 to 7 knowing fully well that they had entered the country in an illegal manner. The offence of abetment as defined in 14C of the Foreigners (Amendment) Act, 2004 would have no application is the submission. He would further contend that the petitioner had not directly employed the accused Nos. 1 to 7 and they were brought to the company for loading purposes by the contractor. It is further urged that no documents evidencing the fact that the said persons had worked in the establishment of the petitioner were seized by the detecting officer. He would rely on the decision of the Hon'ble Supreme Court in State of Haryana v. Bhajan Lal [(1992) SCC (Cr) 426] and it is contended that this is a fit case warranting exercise of powers under Section 482 to quash the proceedings.