STEPHEN STANISLAUS ROSARIO, S/O LATE S/STANISLAUS Vs. ASSISTANT COMMISSIONER OF CUSTOMS PROSECUTION (SEAPORT, IMPORTS) CUSTOMS HOUSE

JUDGEMENT

(1.) This petition has been filed by the Accused No.1 u/s.482 Cr.P.C., to quash the proceedings against him in C.C.No.11 of 2012 on the file of the Additional Chief Metropolitan Magistrate, EOI, Egmore, Chennai-8.

(2.) The facts are, in brief, as follows:

(3.) According to the respondent, Muriate of Potash (MOP), a restricted item for export is being smuggled out of India under the guise of 'Industrial Salt'. Hence, the officers of the Docks Intelligence Unit (DIU), Customs House, Chennai, detained the export consignment of 125 Metric Tonnes of cargo declared as 'Industrial Salt' on 24.07.2009 lying at M/s. A.S.Shipping Container Freight Station, Numbal Village, Maduravoyal, Chennai 600 077, brought for export by M/s.Zandra Trading Company, Pondicherry. The said consignment was seized under a mahazar on 04.08.2009. At the time of detention of the above mentioned consignment, it was ascertained that another consignment of 50 MTS of cargo, declared as 'Industrial Salt' covered under shipping bill No.3429962 dated 14.07.2009 filed by the same exporter, M/s.Zandra Trading Company, Puducherry was lying at M/s.Viking container Warehousing Container Freight Station, No.5, GNT Road, Moolakadai, Chennai 600 110. It was found that the petitioner herein is the Proprietor of M/s.Zandra Trading Company, Puducherry and he gave authorization to one R.Gopinath (A-3) to sign invoices on all shipping related documents at Bangalore on behalf of M/s.Zandra Trading Company.