JOGENDRA SINGH Vs. STATE OF U P

JUDGEMENT

(1.) R. P. Yadav, J. These are two petitions under Section 482 of the Code of Criminal Procedure (hereinafter called the Code) for quashing the charge-sheet dated 17-2-2,003 (Annexure No. 2 to the petition) and the order dated 15-2-2005 (Annexure-7) passed by III Additional Chief Judicial Magistrate, Lucknow rejecting the objection/representation filed by the petitioners pursuant to the order passed by this Court on 18-1- 2005 in Criminal Misc. Case No. 557 of 2003 (Vivek Chaturvedi and Ors. v. State of U. P and Ors.) and Criminal Misc. Case No. 617 of 2003 (Jogindra Singh and Ors. v. Sate of U. P. and Ors.), whereby the summoning order dated 15-3-2003 was quashed by this Court and the petitioners were given an opportunity to file a representation and the learned Magistrate was directed to pass appropriate orders thereon after deciding the question of requirement of Sanction under Section 197 of the Code.

(2.) CRIMINAL Misc. Case No. 977 of 2005 has been filed by S/shri Vivek Chaturvedi. D. P. Saxena and P. K. Katiyar, who were named in the F. I. R. of crime No. 14/2002 registered at police station Krishna Nagar, Lucknow in compliance of the direction of the learned Magistrate on 10-1-2002 passed on the application moved by opposite party No. 2 Shri R. K. Singh on 21-12-2001 in respect of occurrence dated 16-2-2001, whereas CRIMINAL Misc. Case No. 978 of 2005 has been filed by S/shri Jogindra Singh, C. Rajendran, P. K. Misra, Smt. Sanyogita Misra, Y. K. Chowdhary, A. K. Misra, Mohd. Tariq, S. K. S. Tomar, S. K. Srivastava, Raghuraj Singh, Gore Lal and Faridul Hasan, who were not named in the F. I. R. lodged in pursuance of the order passed by the learned Magistrate on 10-1- 2002.

(3.) IN order to appreciate the controversy involved, it would be necessary to look into the following facts lying in the background. The officers of the Directorate of INtelligence and investigation (For short DRI) intercepted two consignments of cargo in two containers at Nhava Sheva Mumbai, which were cleared by customs authorities at ICD Hyderabad. The said consignments were being exported in the name of two firms, namely, M/s. Sri Vishnu Merchants, Plot No. 70, Soujanya Co-operative Housing Society, New Bowenpally, Secunderabad and M/s. Pashupathi Traders plot No. 4, Sri Mansion Building, Jyothi Colony, Secunderabad. The said two consignments were examined by the officers of DRI on 9-2-2001. As per the documents of export, the goods contained therein were cleared from ICD Sunathnagar, Hyderabad. The goods were cosigned to M/s. Silverline Trading Company LLC, UAE and the description of the gods was "naproxen" (a bulk drug ). The said goods were into 235 drums, 45 of which were of hard board and the remaining were PBC drums. Labels found on the drums read as follows: Naproxen, (commercial grade), Batch No. NAP 10708, manufacturing December, 2000, Expiry dote-November, 2005, net weight: 50 Kg.