Mukut Bihari Goyal And Others vs The State Of Maharashtra

ik-183067672 Bombay High Court 19 December 2025 • WRIT PETITION NO.34 OF 2020 • 9 min read

Judges (1)

Counsel (3)

Parties (4)

Case Significance

Mukut Bihari Goyal And Others vs The State Of Maharashtra is a Bombay High Court decision dated December 19, 2025 (citation: ik-183067672). The petitioners, a Rajasthan-based pharmaceutical company and its personnel, challenged a Magistrate's order committing their case (RCC No.41/2005 for offences under the Drugs and Cosmetics Act) to the Sessions Court. The court held the committal was a manifest error of law — the offences alleged were triable by the Magistrate even after the 2008 amendment, as Section 36A read with the saving words in Section 32(2) preserved Magistrate jurisdiction for offences not specifically carved out for The case was heard by Justice Sushil M. Ghodeswar. Counsel appearing: Rani Bharuka-Bora (counsel for petitioner), Satyajit S Bora (counsel for petitioner), Uma S. Bhosle (counsel for respondent).

Summary

The petitioners, a Rajasthan-based pharmaceutical company and its personnel, challenged a Magistrate's order committing their case (RCC No.41/2005 for offences under the Drugs and Cosmetics Act) to the Sessions Court. The court held the committal was a manifest error of law — the offences alleged were triable by the Magistrate even after the 2008 amendment, as Section 36A read with the saving words in Section 32(2) preserved Magistrate jurisdiction for offences not specifically carved out for Sessions Court trial. The impugned committal order was quashed and the case remanded to the Magistrate.

What was the outcome of Mukut Bihari Goyal And Others vs The State Of Maharashtra?

The petitioners, a Rajasthan-based pharmaceutical company and its personnel, challenged a Magistrate's order committing their case (RCC No.41/2005 for offences under the Drugs and Cosmetics Act) to th...

Judgment

Read the full judgment on the official India Courts portal.

Read on Indian Kanoon

Source: Indian Kanoon (ik-183067672)