Pradip Vasantrao Thokade S/O. Vasantrao Thokade v. Union Of India

Shivgan

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.3807 OF 2025 Pradip Vasantrao Thokade S/o Vasantrao Thokade

...Petitioner

Versus

Union of India

...Respondent

Mr. Advait Tamhankar, for the Petitioner.

Mr. B.B.Kulkarni, APP for the Respondent.

CORAM

Dr. Neela Gokhale, J.

DATED:

PC:- 1.

By way of the present Petition, the Petitioner seeks a direction to the learned Special Sessions Court, Thane to decide an application dated 26th February, 2021 made by him seeking de-sealing of the factory premises situated at Plot No. T-88, MIDC, Tarapur, Palghar, Maharashtra on the ground that the said factory is the only source of income for him and hence, he needs to start the factory for his livelihood. 2.

Heard Mr. Advait Tamhankar, learned counsel, appearing for the Petitioner. He contends that the said factory premises were sealed under a panchanama dated 17th March

2020 pursuant to raid in which there was recovery of approximately 483 kilograms of Ephedrine, which is a controlled substance under the provisions of the Narcotics Drugs and Psychotropic Substances Act, 1985 ('NDPS'). He submits that he has complied with all the formalities and obtained licence and certificate from the concerned authorities in respect of running the said factory. 3.

Learned counsel for the Petitioner further submits that the Petitioner was arrested in the year 2020 for the offences punishable under the provisions of the NDPS Act and was released on bail in the year 2020 itself by the learned Special Sessions Court, Thane. He submits that his application is pending before the learned Special Sessions Court, Thane for a period of about 5 years and hence, he seeks relief as prayed.

4.

Mr. Tamhankar further submits that after his application for de-sealing was filed, complaint was filed, the same Court took cognizance of the said complaint and even,

process was issued. Pursuant to the process, the Petitioner also appeared before the said Court.

5.

In view of the foregoing, the learned Special Sessions Court, Thane is requested to decide the application made by the Petitioner seeking de-sealing of his factory premises expeditiously and preferably within a period of one month from the date on which this order is presented to the Court.

6.

In view of the aforesaid, the Petition stands disposed of.

7.

Needless to state, that I have not gone into the merits of the application and as such, the learned Special Sessions Court, Thane is at liberty to decide the application without being influenced by any observations made in the present order.

8.

All parties to act on an authenticated copy of this order.

(Dr. Neela Gokhale, J) Digitally signed by SHAMBHAVI NILESH SHIVGAN Date:

2025.07.17 13:19:01 +0530 SHAMBHAVI NILESH SHIVGAN