STATE OF GUJARAT Vs. TUSHAR NAVINCHANDRA DOSHI

JUDGEMENT

(1.) BY filing instant batch of 3 petitions under section 397 read with Section 401 of the Code of Criminal Procedure ('the Code' for short), the petitioner-State of Gujarat seeks to challenge the common judgement and order dated 22. 6. 2005 rendered in Criminal Misc. Application Nos. 78/2005, 79/2005 and 80/2005 by the learned Additional sessions Judge, Fast Track Court No. 2, Kachchh at Bhuj, by which the applications filed by the petitioner, praying to cancel the regular bail granted to the respondents during the pendency of the trial, by the learned JMFC, nalia, Kachchh at Bhuj, has been rejected and thereby order dated 1. 3. 2005, passed by the learned JMFC, Nalia, Kachchh at Bhuj releasing the respondents on regular bail during the pendency of the trial, has been affirmed.

(2.) AS per the prosecution case, against the respondents, an offence came to be registered vide CR No. I 4/2005 at Kothara Police Station, bhuj, inter alia contending that all the respondents were involved in adulteration of Ghee. They were selling adulterated Ghee as pure Ghee to the public and thereby committed offence of criminal breach of trust and cheated by putting false labels on the adulterated Ghee. The investigating officers seized four big tins and also eight small tins of one liter each and 43 tins of 500 milligram each. The accused persons knowing very well that the adulterated Ghee is injurious to the health by selling the same in conspiracy with each other at various parts of the district committed the offence punishable under Sections 406, 420, 476, 486, 273, 120b of the ipc and also under Section 16 of the Prevention of Food Adulteration Act.

(3.) ON production before the learned JMFC, Nalia, the respondents submitted an application under Section 437 of the Code to enlarge them on bail, which came to be granted.