Allowed

Aventis Pharma Ltd, v. the State of Maharashtra

Bombay HC21 Oct 2008APPLN/3322/2008

Case brief

AI extract

What is this about?

In a criminal appeal regarding seized medicines worth Rs.25 lakhs, this Court allowed the applicant company to sell the property instead of producing it before the court as and when called due to impending expiry. The order mandated preservation of samples, detailed panchnama, and photographic/video evidence by police.

What did the court decide?

Application allowed; condition to produce property before court deleted; applicant allowed to sell property subject to police retaining samples and creating panchnama/photographs/video.

Aventis Pharma Ltd, Vs the State of Maharashtra — Specific Performance | Bombay HC (2008)

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 [-1-]

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 IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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 CRIMINAL APPELLATE JURISDICTION

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 CRIMINAL APPLN.NO.3322 OF 2008

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 Aventis Pharma Ltd. ..Applicant

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Vs.

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 State of Maharashtra ..Respondents

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 ...
 Mr.A.H.H.Ponda advocate for applicant
 Mr.V.B.Konde-Deshmukh A.P.P. for the State

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 CORAM: SMT.V.K.TAHILRAMANI,J.
 DATE : OCTOBER 21, 2008

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P.C.

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 1. Heard the learned advocate for the applicant
 and the learned A.P.P. for the State.

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 2. The applicant is a Pharmaceutical Company. On
 27.12.2007 the medicines of the applicant-company
 worth about Rs.23 lakhs and Medicines of M/s.
 Alembic Ltd. approximately worth Rs.13 lakhs were
 being transported by truck bearing Registration
 No.MH-04/CG-1608. The said truck came to be
 robbed. The goods in the truck also came to be
 robbed. CR No.I-131 of 2007 came to be registered

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 at Manor Police station in respect of the said
 incident. Lateron the said goods came to be seized

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 [-2-]

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 by the police during the investigation.

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 3. The said truck belongs to M/s. Savani
 Roadlines. M/s.Savani Roadlines preferred an
 application for return of the property. Applicant
 and M/s.Alembic Ltd. were parties to the said
 application. The learned Magistrate directed that
 the muddemal at Sr.No.2 which belongs to the
 applicant company be returned to the representative
 of the company i.e. Shri.Dandekar on executing
 bond of Rs.26 lakhs with condition to produce the
 same before the Court as and when called. Being
 aggrieved by the condition that property be
 produced before the Court as and when called, the
 applicant has approached this Court.

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 4. It is an admitted fact that the goods are
 medicines. The said medicines are worth about
 Rs.25 lakhs. The goods being medicines bear expiry
 date. The learned advocate for the applicant has
 submitted that the trial will take a few years to
 commence and if the applicant is saddled with the
 condition that he has to produce the property
 before the Court as and when called, the medicines
 would expire due to which the medicines would be of

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 [-3-]

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 no use to anyone and the company would also face
 huge financial loss, hence, it is prayed that the
 said condition to produce the medicines before the
 Court as and when called, be deleted.

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 5. Looking to the fact that the property involved
 is medicines and the looking to the fact that trial
 is not likely to commence in nearfuture and the
 fact that during the pendency of the trial the date
 of medicines would expire, I am inclined to delete
 the said condition.

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 6. The application is allowed in terms of prayer
 clause (a) and the applicant is allowed to sell the
 property seized in CR No.I-131 of 2007 referred to
 in detail at Exh.1 to the application and the
 property returned to the applicant by the learned
 Magistrate, subject to the following conditions:

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 (a) Two samples shall be kept out of each item
 referred to in Exh.1 by the Manor Police Station
 for the purposes of the trial;

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 (b) A detail panchnama of the remaining stock and
 of the samples taken, shall be made by the Manor

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 [-4-]

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 Police Station;

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 (c) Photographs of the entire property including
 the samples shall be taken by the Manor Police

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 Station;

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 (d) A Video C.D. of the entire stock and samples
 shall be taken by the Manor Police Station;

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 (e) The cost of photographs and making of Video
 C.D. shall be borne by the applicant Company as

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 agreed by them;

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 (f) The bond of Rs.26 lakhs executed as per the
 order of the learned Magistrate, stands cancelled;

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 (g) Subject to the above, the applicant is allowed
 to sell the property referred to above;

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 7. Application is disposed of.

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[SMT.V.K.TAHILRAMANI, J.]

Aventis Pharma Ltd, v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Aventis Pharma Ltd, v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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