Final Order 1

Order Details: Copy of Order - 1
Pdf Text: 1
IN THE COURT OF JUDICIAL MAGISTRATE (FIRST CLASS),
15TH COURT, MAZGAON, MUMBAI
Case No. 1310/Misc/2024
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY
1] The present application is for release of drugs and
medicines mentioned in the Form 16 and panchnama dated 14.03.2024.
Drug was seized by Drug Inspector and panchnama was drawn. He
further submitted that the medicines were seized from the residence of
the manager of the applicant as they were kept at location different
from the premises where licenses were issued. The applicant owns and
possesses the proper purchase bills. If the drugs and medicines are kept
in the custody of Food and Drugs Department, there is possibility of
damage or expiry of the drugs and the applicant’s premises have good
storage facilities. The applicant will cause huge financial loss if the
seized property is not returned to the applicant. Hence, the applicant
prayed for custody of seized drugs with permission to return it to the
distributor and / or sell in conformity of the conditions of the license.
2] Drug Inspector has recorded his objection stating that the
seized drugs and medicines were stocked by applicant illegally in
unlicensed premises. It is further submitted that out of three samples,
reports of two samples are awaiting. Trial is yet to be started. The
seized drugs are important evidence in this case. Applicant did not
have valid license as required under the provisions of Drugs and
Cosmetics Rules 1945. The seized stock of drugs was found at the
residential premises in possession of Jasaram Pumaram Chaudhary who
is third party. If the seized stock is released in favour of the applicant,
he may repeat the same offence by stocking the said drug again at
-- 1 of 3 --
2
unlicensed premises. Hence, it is prayed to reject the application.
3] Perused the record and say of Drugs Inspector.
4] Applicant has produced the copy of drug license, copy of
Form – 16 and panchnama, Form – 17, Form – 17A and copies of
purchase bills. Applicant has also produced affidavit cum No Objection
of Jasaram Pumaram Choudhary who kept the seized articles in his
residential premises. In this case, the allegations against applicant are
regarding keeping the stock of drugs at unlicensed premises. Therefore,
the identification of seized drugs at the time of trial does not appear
necessary. The seized drugs may get damaged and expired if kept
unused for long time or till completion of trial. In such circumstances,
the seized drugs can be returned to the applicant upon certain terms
and conditions by keeping in mind that applicant is not holding license
at present in respect of premises. The applicant is ready to return the
stock of seized drugs to the distributor so appropriate order can be
passed to return the property. Nobody else has claimed said property.
Hence I hold that the muddemal property may be released in favour of
applicant subject to certain conditions. Hence, following order:-
ORDER
1) Drug Inspector Sunil Harishchandra Gawali is directed to return
seized drugs and medicines to the applicant Suresh Kumar
Dhan Singh Choudhary on executing Indemnity Bond of
Rs.11,00,000/- (Rupees Eleven Lacs only).
2) Drug Inspector is directed to take photographs and draw
panchnama before handing over it to the applicant and submit
-- 2 of 3 --
3
report before retaining its custody.
3) The applicant is directed to return the seized stock to the
distributor / company immediately after getting its custody and
inform to the Court on affidavit by appearing personally before
the Court within one month from the date of this order.
Sd/-
(S. D. Panjwani)
Metropolitan Magistrate,
Date :- 13.09.2024 15th Court, Mazgaon, Mumbai.
-- 3 of 3 --