3-APL-984-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPLICATION NO. 984 OF 2021

Titan Company Limited (Formerly

Known As Titan Industries Limited)

Through Nirdosh J. Dhiyal

...Applicant

Versus

The State of Maharashtra And Anr.

...Respondents

….

Sheroy M. Bodhanwalla a/w Sakshi Sharma a/w Burjis Doctor i/by

M.S. Bodhanwalla And Co. Advocates and Solicitors, Advocate for the

Applicant.

Mr. Naveen Chomal, Advocate for Respondent No.2.

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

CORAM

:

PRAKASH D. NAIK, J.

DATE

:

21^st SEPTEMBER, 2022.

PER COURT

:

1.

The Applicant has challenged order dated 16^th August,

2021 passed below Exhibit-12 in RCC No.684 of 2012 by

Additional Chief Judicial Magistrate, Nashik rejecting the

application preferred by the applicant for interim custody of

articles.

2.

The Applicant and Respondent No.2, the authorized

partner of M/s. Valuable Jewels had entered into a Management

Agent Agreement dated 15^th December, 2004. The Respondent

No.2 was to stock and sell gold, diamond and silver ornaments and

other products owned by Applicant under the Applicant company’s

brand name Tanishq. In the night of 8^th and 9^th May, 2012 theft took

Sunny Thote

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SUNNY

ANKUSHRAO

THOTE

Digitally signed

by SUNNY

ANKUSHRAO

THOTE

Date:

2022.12.01

14:03:07 +0530

3-APL-984-2022.doc

place in the showroom of Respondent No.2 at premises Shop No.32

and 33, Dev’s Arcade, Samarth Nagar, Nashik and diamonds, gold

and silver ornaments worth Rs.1,61,37,733/-(One crore sixty one

lakhs thirty seven thousand seven hundred thirty three) were stolen

from the showroom. First Information Report (for short “FIR”)

dated 9^th May, 2012, Bearing No.92 of 2012 was registered with

Gangapur Police Station, Nashik. During the course of

investigation accused were arrested and ornaments/property were

recovered from the accused.

3.

The Respondent No.2 preferred an application bearing

C.M.A. No.989 of 2012 under Section 451 of Cr.P.C. for seeking

custody of stolen ornaments/articles seized from the accused. By

order dated 16^th October, 2012, the application was rejected by the

trial Court. The said order was challenged before the Sessions

Court by preferring Criminal Revision Application No. 510 of 2012.

Vide order dated 1^st January, 2013, the learned Sessions Judge

remanded the matter back to the trial Court. By order dated 12^th

August, 2013, the learned Magistrate allowed the application on

certain terms and conditions. The police authorities were directed

to handover the interim custody of the ornaments/articles

mentioned in the Application No. 989 of 2012 to Respondent No.2

on execution of bond for amount of Rs.2,50,00,000/-(Two crores

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fifty lakhs). The custody of ornaments was handed over to

Respondent No.2.

4.

The agreement executed between the Applicant company

with firm of Respondent No.2 was cancelled w.e.f. 1^st March, 2016.

The ornaments were returned to Respondent No.2 by way of

interim custody continued to be in their custody. The Applicant

preferred an application before the trial Court for possession of the

ornaments from Respondent No.2, in view of cancellation of

agreement of agency. By order dated 16^th August, 2021, the

application was rejected.

5.

The learned counsel for the Applicant submitted that

Management Agent Agreement was executed between the

Applicant company and firm of Respondent No.2 on 15^th December,

2004. The ornaments/articles/jewelry were entrusted to the firm

of Respondent No.2 as an agent. There was incident of theft. FIR

was registered. Several articles were recovered during the

investigation. The Respondent No.2 had preferred an application

before the trial Court. The application was allowed by order dated

12^th August, 2013. Thereafter, the agreement was terminated and

hence, the Applic