APPLN.3725-10 - 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 3725 OF 2010 Nazir Dastgir Patel & Ors. ...Applicants Vs. The State of Maharashtra & Anr. ...Respondents *** Mr. N. J. Patil, for the Applicant. Mr. P. S. Hingorani, APP for Respondent No.1. Mr. S. R. Nargolkar, for Respondent No.2. *** CORAM: V. M. KANADE J. DATE : SEPTEMBER 24, 2010 P.C. 1. Heard the learned counsel for the applicants and respondent No.2. This is an application for transferring all cases under the Food Adulteration Act which have been transferred to the Chief Judicial Magistrate, Satara from J.M.F.C. Karad. It is submitted that the Registrar (Inspection-II) has written a letter to the Principal District & Sessions Judge, Satara, informing him about the decision taken by the Administrative Committee of the High Court that old cases under the APPLN.3725-10 - 2 - said Act should preferably be transferred to the Chief Judicial Magistrate, at Satara, with a further direction that the Judges should be informed that they should give priority to the old matters. The learned counsel for the applicants submitted that the said letter has been misconstrued and of all the cases, pending before the J.M.F.C. Karad are transferred to the Court of Chief Judicial Magistrate, Satara, and that resulted in grave hardship to the witnesses, the accused and also the complainants, appearing in these cases. 2. The learned counsel appearing for respondent No.2 on instruction states that the letter very clearly states that preferably cases should be transferred to the Chief Judicial Magistrate. He further submitted that proper discretion has to be exercised by the Principal District & Sessions Judge while transferring the cases to the Court of the Chief Judicial Magistrate, Satara. He submitted that the Principal District and Sessions Judge, Satara may be asked to exercise his discretion and pass the appropriate orders. 3. In my view, it would be appropriate if this application is disposed of by passing a judicial order since already the Principal District & Sessions Judge, Satara has exercised the discretion and directed that the cases should be transferred to the Chief Judicial APPLN.3725-10 - 3 - Magistrate. It appears that in all 134 cases under the Food Adulteration Act and the Drugs & Cosmetics Act were transferred to the Court of Chief Judicial Magistrate Satara and out of these cases only two cases have been the C.J.M. 4. In my view, it would be appropriate if all these cases are sent back to Karad by assigning them to the Civil Judge, Senior Division & J.M.F.C., working at Karad, so that these cases can be disposed of in an expeditious manner. The Principal District & Sessions Judge, Satara is also directed to exercise his discretion in respect of other talukas also and pass the appropriate orders. . The criminal application is disposed of in above terms. [ V. M. KANADE J.]