90,000 seized masks were handed by police to BMC, says Maharashtra govt; Bombay HC disposes PIL

MUMBAI: Bombay high court bench of chief justice Dipankar Datta and justice S S Shinde on Tuesday disposed a PIL filed by Mohan Joshi, ex-MLC, which sought orders to ensure seized masks are put to good use. The PIL was disposed after recording the state’s stand that it was taking steps and abiding by orders of a competent authority. The state also said that 90,000 such seized masks were handed over to BMC by Andheri police last month.
Joshi’s counsel Vishal Kanade and Harsh Parte had sought inventory of all seized masks. The HC observed that "large quantity of Personal Protective Equipments, masks, gloves,sanitizers, etc. were seized by the police on receipt of complaints disclosing cognisable offence. "Investigation of the FIRs, we are informed, is in progress," said the bench.
Carrying the impression that such seized properties could be of use during these trying times of lock-down, the petitioner instituted the petition and sought for orders for proper disposal of the seized masks to frontline workers engaged in combating Covid-19.
State government pleader Purnima Kantharia said orders have been passed by the competent authority under the Essential Commodities Act, 1955 detailing the procedure for disposal of such seized properties but making it clear that such arrangement would be subject to the orders of the criminal court.
Kanade, said such interim orders are under challenge in judicial proceedings, but have not been stayed.
Kantharia said action is being taken in terms of the orders of the Competent Authority.
"In iew of the stand taken by the State in its affidavit, we do not wish to keep this petition pending. The same stands disposed of with the observation that so long the orders of the Competent Authority are not disturbed in judicial proceedings, the State shall make all possible endeavor to implement such orders and ensure that in these trying times the seized properties do reach the end-users for combating Covid-19," said the HC while disposing the PIL.