Wild Berries Bottling Pvt Ltd v. State Of Maharashtra And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1354 OF 2024 Wild Berries Bottling Pvt Ltd ..

Appellant

Versus

State of Maharashtra & ors ..

Respondents ...

Mr. Jagdish Choudhary with Mr.Ishwar Nankani, Rhea Sinkar and Ms.Vishwa Shah i/b Nankani & Associates for the appellant.

Mr.S.R. Agarkar, APP for the State.

PI Umesh Gound from EOW, Mumbai, present.

CORAM : BHARATI DANGRE & SHYAM C. CHANDAK, JJ DATED : 2nd DECEMBER, 2025 P.C:- Being aggrieved by the order passed below Exhibit1E, in form of an objection for attaching the property i.e. the factory machinery of M/s. Wild Berries Bottling Pvt Ltd at Rajasthan passed by the MPID Court on 26/8/2024, the present Appeal is filed.

On hearing the learned counsel for the appellant and the learned APP appearing for the competent authority, we have perused the impugned order. When the learned counsel attempted to press into service some legal issues and we express that the same were not raised before the Designated Tilak

2/2 13 apeal 1354-24.doc Court, when the application was decided, and the order is specifically restricted to the cancellation deed only, in the wake of the alleged non-fulfillment of terms and conditions of MOU by the accused persons, the learned counsel seek liberty from us to withdraw the Appeal, with liberty to raise the objections which are available to him in law, as regards the attachment of the property.

In the wake of the aforesaid, Appeal is permitted to be withdrawn by reserving the liberty as aforesaid. Needless to state that upon the issues other than the one which have been pronounced upon by the Special Court are raised, the Court shall consider the same afresh. (SHYAM C. CHANDAK,J) (BHARATI DANGRE, J.) Tilak