Recently, the Bombay High Court held that Camptothecin, a cancer drug derived from Narkya trees, does not qualify as "forest produce" under the law. This determination is based on the extensive chemical processing involved in converting the raw material obtained from these trees into the final drug.

The court highlighted a fundamental disparity between physical and chemical changes. It pointed out that while physical changes can be easily reversed, allowing the original material to be restored, chemical changes don't permit such reversibility. This distinction underscores the permanence and irreversibility inherent in chemical transformations.

The division bench of Justices AS Gadkari and SC Chandak, in their ruling, emphasized that a pharmaceutical company holding Camptothecin cannot face prosecution under wildlife and forest conservation laws if there's no evidence or awareness that the initial raw material was unlawfully obtained. The absence of knowledge or evidence of illegal procurement shields the company from legal repercussions under these specific laws.

The court granted favor to all the writ petitions submitted by Fresenius Kabi Oncology Ltd, previously known as Dabur Pharma, along with its manager, and invalidated all criminal cases brought against them under various statutes, including the Wildlife Protection Act, Indian Forest Act, Indian Penal Code, and Bombay Forest Rules.

The court's decision establishing that Camptothecin did not fit the definition of a forest product as outlined in Section 2(4) of the Indian Forest Act. Consequently, the petitioners couldn't face penalties under the sections of this act due to the nature of Camptothecin not meeting the specified criteria.

The Forest Department had accused the companies of possessing 22 kg of Camptothecin, a cancer drug obtained from the bark of illegally cut Narkya trees. They seized this stock from the company's facility in West Bengal back in 2005. The value of the seized stock was Rs. 44 lakhs, purchased by the companies. During that period, more than 223 individuals were accused in connection with the illegal tree felling scheme across 12 complaints lodged before the Magistrate. These accusations were linked to the larger network involved in the unlawful cutting of trees.

The court made a note of the intricate process involved in deriving Camptothecin from Narkya, a small tree indigenous to the Western Ghats of Maharashtra, scientifically known as Nothapodytes nimmoniana (previously recognized as Mappia foetida). Highlighting the complexity, the court acknowledged the extensive and distinct process required to produce camptothecin from this specific tree species.

Drawing from previous judgments from both the Supreme Court and High Court, the bench concluded that persisting with criminal proceedings against the companies would constitute an abuse of the legal process. This ruling was based on established legal precedents that highlighted the unjust or improper use of legal procedures in such circumstances.

The court accepted the companies' stand that they had purchased the Camptothecin in good faith for Rs. 44 lakhs from a supplier, without any awareness that it originated from Narkya trees obtained through illegal means. It took cognizance of their position in this regard.

Case Title - Fresenisu Kabi Oncology Ltd. vs The State of Maharashtra

Case Number - 667 OF 2010