bgp bgp bgp IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO.2812 OF 2008 PETITION NO.2812 OF 2008 PETITION NO.2812 OF 2008 Hasmukh Harilal Parekh ..Petitioner Vs. Additional Director General and Ors. ..Respondents Mr.A.D.Ray for the Petitioner. Mr.L.S.Shetty with Mr.R.Asokan for Respondent Nos.1 to 4. Mr.G.C.Tule for Respondent No.5. CORAM CORAM CORAM :- DR.S.RADHAKRISHNAN & :- DR.S.RADHAKRISHNAN & :- DR.S.RADHAKRISHNAN & A.P.BHANGALE, A.P.BHANGALE, A.P.BHANGALE, JJ. JJ. JJ. DATE DATE DATE : 5TH JUNE, 2008 : 5TH JUNE, 2008 : 5TH JUNE, 2008 P.C. P.C. P.C. 1. Heard the learned Counsel for the parties. By this Petition, the Petitioner is seeking a relief that the Respondents shall be directed to sell the drugs which were seized from the Petitioner. We have perused the Affidavit-in-reply dated 11th March,2008 filed on behalf of the Respondents, specially paragraph 7A, wherein it is categorically stated that the Petitioner was not able to indicate as to who actually had manufactured the seized drugs, what is the date of manufacture and date of expiry and even the batch number of the drugs has not been disclosed. It appears, that earlier also the Petitioner had approached this Court by way of filing a Writ Petition No.6550 of 2007, wherein this Court had declined to entertain and dismissed the said Petition. Again, the Petitioner has filed this Petition and in the above he is seeking the relief that the Respondents should dispose of the seized drugs. 2. We have repeatedly asked Mr.Ray, appearing on behalf of the Petitioner that whether he is able to show the name of the manufacturer, date of manufacture and expiry of the goods and also about the batch number with regard to the seized goods, however, he is unable to show the same. Under these facts and circumstances of the case, it will be highly dangerous to allow the said seized drugs to be sold in public auction and it will be dangerous to human health and in fact the same is prohibited for sale under Section 18(a)(i) and punishable under Section 27(d) of the Drugs and Cosmetic Act,1940. The Petition is totally an abuse of process of this Court. Hence, we dismiss the same with costs quantified at Rs.10,000/- payable by the Petitioner to the Respondents within a week. (A.P.BHANGALE,J.) (A.P.BHANGALE,J.) (A.P.BHANGALE,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.)