KAMAL KUMAR AGARWAL Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) By this petition under Section 439 r/w Section 482 of the Code of Criminal Procedure (for short the Code), the petitioner seeks bail in FIR No. 496/98 dated 25th August, 1998, registered in PS Najafgarh, Delhi under Section 304/328 Indian Penal Code, later registered as CBI No. RC/SIG/1998/S-0002 dated 7th September, 1998 under Section 328/304/272/273/201/120-B/420, Indian Penal Code r/w 7/16 of the Prevention of Food Adulteration Act, 1954.

(2.) Information was received that two persons namely, Pinky, aged 14 years and Smt. Susheela, aged about 45 years, daughter and wife of one Krishan Kant Jha, resident of Ranaji Enclave, Delhi, respectively died on 24th and 25th August, 1998 after consuming adulterated mustard oil, in Deen Dayal Upadhyay Hospital, Delhi and two other members of the family were still in the hospital. The mustard oil consumed is stated to have been purchased by Krishan Kant Jha from the Shop of one Vinod in the same locality; the latter to have purchased it from Gupta Stores, Shalu Enterprises and S.K. Stores. On use, it was found to be tasting bitter and thereafter on its consumption his family members started vomiting, had diarrhoea and developed swelling on legs and also started having breathlessness. It is alleged that Govind Prasad Gupta, proprietor of Shalu Enterprises, had in turn purchased the mustard oil from one Sushil and Pawan Kumar, having their factory in Vishwas Park, Uttam Nagar under the name and style of M/s. Vikas Traders ; One Gurdev Raj being the proprietor of M/s. S.K. Stores also used to purchase mustard oil from the said Sushil and Pawan Kumar ; Sushil and Pawan Kumar in turn used to purchase oil from various sources and a month prior to the registration of this case had purchased one tankar of oil from the petitioner, who is the proprietor of M/s. Kamal Oil Mills but when they learnt that it had affected some persons in Uttam Nagar, who had consumed the same, they sold it to National Dairy Development Board, NOIDA. It is further alleged that the petitioner, who had supplied oil also to one Rampat oil Mills, Najafgarh, Naresh Trading Mills and Vikas Traders had taken it back from Rampat and Naresh Trading Mills, when they complained about its quality but refused to take back the same from Vikas Traders on the plea that they were purchasing oil from other sources also. The oil taken back by the petitioner from Rampat Oil Mills and Naresh Trading Mills is alleged to have been re-sold to K.S. Oil Mills and National Dairy Development Board, NOIDA.

(3.) The FIR, No. 496/98 was registered on 25th August, 1998 at PS Najafgarh but on 2nd September, 1998 the investigations were handed over to Crime Branch of the Police but finally the investigation were taken over by the CBI on 7th September, 1998.