Bombay High Court
Divya Kumar Jain Director Of K.A. Malle ... vs Union Of India And Anr on 15 October, 2019
Author: N. J. Jamadar
Bench: Ranjit More, N. J. Jamadar
906 wp 4587.19.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO. 4587 of 2019
Divya Kumar Jain
Director of K.A.Malle Pharmaceuticals Ltd. .....Petitioner
versus
Union of India through Central Bureau of Investigation
and anr. .....Respondents
Ms. Ruju K. Thakker i/b. Udaipuri and Co., advocates for the petitioner.
Mr. H. S. Venegaonkar, advocate for respondent No.1.
Mrs. Aruna S. Pai, APP for the State.
CORAM : RANJIT MORE &
N. J. JAMADAR, JJ.
DATE : 15th OCTOBER, 2019.
P. C. :
1. On 13th September, 2019, by passing speaking order, we directed the CBI to file reply. We observed that Look Out Circular (LOC) was issued against one Santoshkumar Prakashchand Doshi, who is named in the FIR. However, no charge-sheet is filed against him and still LOC was issued against him. We also observed that writ petition No.3272 of 2019 filed by Santoshkumar Prakashchand Doshi challenging the LOC was allowed. We further observed that the petitioner's case stands on a higher footing and, thereafter, permitted him to travel to Dubai between 15th September, 2019 to 17th September, 2019. Digitally signed by Shubhada Shubhada S Kadam 1/3 Shubhada S. Kadam S. Kadam Date:
2019.10.16 10:48:32 +0530 906 wp 4587.19.doc
2. Despite directions contained in the above order dated 13th September, 2019, the CBI has not filed reply. Mr. Venegaonkar, learned counsel for the CBI, seeks some time to file reply. Time is granted. Stand over to 2nd December, 2019.
3. Learned counsel for the petitioner pointed out that the petitioner is required to travel to Germany between 2 nd November, 2019 to 12th November, 2019. In the above circumstances, he seeks permission to travel to Germany.
4. Since CBI has not filed reply and the petitioner's case stands on a higher footing than that of Santoshkumar Prakashchand Doshi and the petitioner was previously permitted to travel abroad, we pass the following order :
I. The petitioner is permitted to travel to Germany between 2nd November, 2019 to 15th November, 2019, to attend International Trade Fair viz. Convention on Pharmaceutical Ingredients; II. During the above period, the LOC issued against him at the instance of respondent No.1 shall remain suspended; III. The petitioner, after return from Germany, within a period of one week, shall attend the office of respondent No.1 for interrogation, if necessary;
Shubhada S Kadam 2/3
906 wp 4587.19.doc IV. The petitioner shall give the details of his itinerary, his mobile number and address where he would be staying at Germany to the Investigating Officer, before leaving India;
5. All concerned to act upon a copy of this order duly authenticated by the Registry of this Court.
[N. J. JAMADAR, J.] [RANJIT MORE, J.]
Shubhada S Kadam 3/3