[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLN.NO.3322 OF 2008 Aventis Pharma Ltd. ..Applicant Vs. State of Maharashtra ..Respondents ... Mr.A.H.H.Ponda advocate for applicant Mr.V.B.Konde-Deshmukh A.P.P. for the State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : OCTOBER 21, 2008 DATE : OCTOBER 21, 2008 DATE : OCTOBER 21, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the applicant and the learned A.P.P. for the State. 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 at Manor Police station in respect of the said incident. Lateron the said goods came to be seized [-2-] by the police during the investigation. 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. 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 [-3-] 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. 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. 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: (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; (b) A detail panchnama of the remaining stock and of the samples taken, shall be made by the Manor [-4-] Police Station; (c) Photographs of the entire property including the samples shall be taken by the Manor Police Station; (d) A Video C.D. of the entire stock and samples shall be taken by the Manor Police Station; (e) The cost of photographs and making of Video C.D. shall be borne by the applicant Company as agreed by them; (f) The bond of Rs.26 lakhs executed as per the order of the learned Magistrate, stands cancelled; (g) Subject to the above, the applicant is allowed to sell the property referred to above; 7. Application is disposed of. [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]