PANDURANG SAKHARAM DRAVID Vs. KIRLOSKAR BROTHERS LIMITED

JUDGEMENT

(1.) This petition invokes sections 401, 407 and 482 of the Code of Criminal Procedure, 1973 (Code) and Article 227 of the Constitution to quash an order passed by the Chief Judicial Magistrate, Pune, and for good measure, to get Criminal Complaint No. 9 of 1986 transferred from that Magistrates file.

(2.) Respondents 1 and 29 viz. Kirloskar Bros. Ltd., and Kirloskar Proprietary Ltd., (KBL & KPL) are companies incorporated under the Indian Companies Act. The other respondents barring the State of Maharashtra, are the Directors and Officers of the two companies. They and the companies are being prosecuted for the commission of offences punishable under the Central Excises & Salt Act, 1944 (CESTA) r/w. 120-B of the Indian Penal Code. Evidence before charge has been led and several witnesses examined. In the course of their depositions these witnesses have referred to the seizure or take over of various documents from the custody or control of the offices and officers of the KBL and KPL. Counsel for the accused having objected to the documents referred to above, the CJM has given exhibit numbers, leaving the question of their admissibility to be ruled upon later. This performance was repeated in witness after witness and matter came to a head during the deposition of witness Albert Manual Monteiro. At this stage the CJM adjourned the case for a ruling on the issue. Counsel for the parties tendered written submissions. The outcome was the order impugned in this petition.

(3.) Petitioner who is the successor-in-office of the original complainant has taken a number of objections to the order passed by the CJM. In addition to a prayer that the same be quashed petitioner wants the case to be transferred to another Magistrate - preferably at Bombay. The accused- respondents defend the order, saying that in any case it is tentative. They oppose the prayer for a transfer of the case. Counsel have been heard at length-the hearing consuming time entirely disproportionate to the deserts of the case.