Research › Search › Judgment

Rajasthan High Court · body

2009 DIGILAW 2466 (RAJ)

Vikas v. State of Rajasthan

2009-11-30

MAHESH CHANDRA SHARMA

body2009
JUDGMENT 1. - The petitioner has filed this bail application under section 439 Cr.PC. The brief facts of the case are that firm namely M/s. Mansharam Pooranmal situated in town Laxmangarh District Sikar is doing the business of selling Deshi Ghee and Mawa in sealed packets of various brands alongwith other daily use house hold articles. It is submitted that for the purpose of sale, on 23.9.2009 the said firm purchased total 9 cartons of Kalpna Deshi Ghee containing total weight 135 Itrs. (sic), in 1 liter, 500 Mili liters and 200 Mili Liters packings from the Dealer Shri Shyam Besan Utpadan Kendra, Plot No. 24 Kali Kothi Niwaru Road, Jhotwara, Jaipur vide bill No. 624 dated 23.9.2009. The said firm also, purchased 7 boxes of Mawa Agmark pure Ghee containing total weight (?) 112 liters in 1 liter and 500 mili liter packings from Rajasthan Food Products having its godown at H.No. 105, Jalupura, Jaipur vide invoice No. 177 dated 16.4.2009. The learned counsel averred that from this it is clear that the said firm is not manufacturer of Deshi Ghee but is selling the same in sealed packs condition after purchasing it from the dealers or manufacturers. On 1.11.2009 the complainant Enforcement Inspector Danta Ramgarh lodged a written report against the present petitioner at Police Station Laxmangarh stating that.the above said firm is found to be indulging in selling adulterated Deshi Ghee and Mawa and huge quantity of Deshi Ghee and Mawa was recovered from him. 2. Mr. Sanjay Mahla, learned counsel for the accused petitioner contended that the accused petitioner has got no concern with the alleged offence. The samples taken by the concerning authorities were purchased by him from the distributors and the distributors are responsible for the same and the offence is related to sections 272 and 273 IPC and section 7/16 of the Prevention of Food Adulteration Act, but the police added section 420 IPC, which has made the case non-bailable. The accused petitioner has been arrested in the instant case without obtaining report from the Laboratory and no case under section 420 IPC is made out against the accused petitioner in absence of any evidence. The accused petitioner is in judicial lock up, hence he should be released on bail. 3. On the other hand. The accused petitioner has been arrested in the instant case without obtaining report from the Laboratory and no case under section 420 IPC is made out against the accused petitioner in absence of any evidence. The accused petitioner is in judicial lock up, hence he should be released on bail. 3. On the other hand. the learned Public Prosecutor opposed the arguments and contended that case under section 420 IPC is made out against the accused petitioner. Definition of cheating has been defined under section 415 IPC , which runs as under: "415 Cheating.-Whoever, by deceiving any persons, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property is said to "cheat". 4. The accused petitioner has cheated the innocent citizens and the police has rightly added section 420 IPC. The learned Public Prosecutor further contended that the accused petitioner has been rightly arrested by the police, who is dealing in adulterated Deshi Ghee and Mawa etc., which were recovered by the police from him, which is an offence against society. 5. Without going into the merits of the case, and considering the facts and circumstances of the case and the material available on record, the bail application filed by the petitioner under section 439 Cr.RC. deserves to be rejected. 6. In the result, I pass the following order : (a) the bail application filed by the petitioner under section 439 Cr.PC. is rejected, but he is free to move fresh bail application before the trial court and if the petitioner submits bail application after filing of the challan, the same shall be decided in accordance with law. (b) The Chief Secretary of the State of Rajasthan, the principal Secretary Home, State of Rajasthan, Director General of Police, Rajasthan are directed to do needful in restricting such offences of adulteration in Deshi Ghee and Mawa etc. in State of Rajasthan after cooperating each other (c) If any person is found obstructing in the aforesaid procedure of the State functionaries in restricting adulteration etc. in State of Rajasthan after cooperating each other (c) If any person is found obstructing in the aforesaid procedure of the State functionaries in restricting adulteration etc. in the State of Rajasthan, they will register cases against them under the provisions of the Indian Penal Code. (d) The Deputy Registrar (Judicial) is directed to send the copy of this order to the concerning Head of Departments and aforesaid authorities for doing the needful. Application for Bail Rejected, Necessary Direction Given. *******