Legal Question in Criminal Law in India

A friend of mine has been charged under section 420, 467 & 468 of I.P.C. He was asked to deliver some goods in a shop, just as a favour to a friend, he was completely unaware of the kind of transaction or the goods he was delivering. He just performed the delivery in good faith as a help to a friend. Afterwards it turned out to be a case of some unauthorized technical equipment. It was found out when one of the goods were activated. Now 6 people are involved in this, 2 who issued the goods from the place of manufacturing (they were caught because the goods were issued under their seal & sign), another 2 who were asked to make the delivery (though they were clueless of what they were getting into), 1 in who�s shop the goods were kept and another who was the main culprit in guiding everyone and got those illegally sold and activating and hence getting caught. After their initial arrest they were released on bail.

Now the few questions of which I seek answers are :-

1. What can be done to get all the innocent ones out of this (except the main culprit) as they are mere students and are applying for their jobs but cant join as they have to keep appearing in court to sign for their attendance.

2. It has been more than 6 months and still no challan or charge sheet has been filed before any court.

3. If we move an application in the concerned court to produce the challan and charge sheet as early as possible and hence getting the trial in motion, will they get arrested again, and what if the judge gives them punishment for imprisonment, for how long they have to undergo such punishment. Is there any chance of they being released after imposing fine.

4. Is there any chance under section 482 of Cr.P.C at this stage.

Thanking you in advance.

We really need your help.


Asked on 5/14/11, 4:25 pm

1 Answer from Attorneys
G. M. Gupta gmguptaandassociates

little knowledge is harful . . are u aware of this . . . this information given by you is not sufficient for advice . . there are so many options you can excercise but many things are required to be seen like . . mood of the judge, gravity of offence, impact of negetive order, etc etc.

you can move to high court or sessions court for relief. i dont thing sessions will give any relief to you, except your case is technically strong.

meet some good lawyer or you can contact in legal aid also.

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Answered on 5/15/11, 12:40 am


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