SANTOSH SAHGAL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Learned counsel for the applicant is present. He has filed the amendment application with affidavit. The same be kept on the record.

(2.) As per facts of the case, an F.I.R. was registered against the unknown persons that they were manufacturing fake pan masala and selling the same in half of the rate of the original, which is resulting into the loss of the State exchequer, hence an action be taken against them. During investigation, the police apprehended three persons one from outside the unit and the rest two from inside the unit manufacturing the said fake pan masala with various branded empty pouches and raw material manufacturing pan masala etc. The present accused is said to have apprehended from out side the manufacturing place, sitting in a car and from car also some incriminatory material is said to have been found. Vide order dtd. 27/10/2021 the coordinate bench of this Court enlarged the accused on bail in the same case under Ss. 420, 467, 468, 471 I.P.C. and Sec. 63 of Copy Right Act, 1957. Later on, Ss. 272 and 419 I.P.C. are also said to have been added. The trial court took cognizance against all the accused persons including the present one in the added Sec. 419 and 272 I.P.C. also. It appears from the record that since the charge sheet was filed in the court the present accused remained absent and after summons, then bailable warrants and at last, non bailable warrants against the present accused vide order dtd. 19/4/2022 were issued. The co-accused Amit Dixit is said to have been bailed out in the added Ss. 419 and 272 I.P.C. also vide order dtd. 4/3/2022 of this court.

(3.) The attention of the court is also drawn towards Mahesh Kumar Agarwal Vs. State of U.P. and another reported in 2013 SCC OnLine All 13094 wherein it was found that as per judgement in M/s Pepsico India Holdings (supra) the impugned G.O. dtd. 11/5/2010 issued by the State Government has been quashed so the first information report registered under Sec. 272/273 I.P.C. was also quashed.