VIJAY AGGARWAL Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) In both these applications under Section 438 of the Criminal Procedure Code (hereinafter referred to as "the Code"), the applicants pray for the relief of release before arrest for the alleged offences under Section 304, 328, 272, 273, 201,420, 120-B of Indian Penal Code read with Sections 7/16 of the Prevention of Food Adulteration Act (hereinafter referred to as "the Act").

(2.) The prosecution case, as revealed from the charge-sheet is that during the months of May, 1998 to August, 1998 the applicants entered into a conspiracy with an object to adulterate mustered oil by mixing it with Argemone Oil, which resulted in death of large number of people by dropsy disease; that the applicants, namely M/s.Kamal Oil Mills and Vijay Trading Company purchased argemone oil from M/s.Krishna Oil & Cotton Company, Modasa, District Sabarkantha (Gujarat), mixed it in mustard oil and sold the same in the market for consumption; that death of number of persons affected by dropsy disease in Delhi after the consumption of adulterated mustered oil, led to the registration of the FIR for the aforesaid offences, inter-alia, alleging that Smt.Sushila and Ms.Pinki, wife and daughter respectively of Shri K.K. Jha died because of consumption of the said adulterated mustard oil; that argemone oil was purchased from Modasa (Gujarat) from where it came to Kamal Oil Mills/Vijay Trading Company, who sold the same to Vikas Traders, who sold the same in the market and received by consumers; that the report under Section 173 of the Code came to be filed by the investigating agency stating therein that these two applicants are not arrested.

(3.) It is not disputed that proceedings under Section 82/83 of the Code have been initiated against both the applicants by the learned Metropolitan Magistrate concerned.