SUNIL Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record of the case.

(2.) By means of this application, the applicant, who is involved in Case Crime No. 1101 of 2019, under Sections 62(A), 63 of Copy Right Act and 420, 467, 468, 471, 418 and 34 IPC , police station Bishrakh, district Gautam Budh Nagar, is seeking enlargement on bail during the trial.

(3.) As per the prosecution case, on receiving information from the informer regarding misbranding of cement, raiding team was constituted on the direction of higher officers of police. A team headed by Rajeev Singh Chauhan, In-charge Inspector, police station Sector-20, Gautam Budh Nagar was sent for search of co-accused, Alok Jain and another team headed by the informant raided a cement plant situated at bank of Hindand River in old Haibatpur, where four persons, namely, Hariraj, Rajveer, Chootu and Santosh were found present. On interrogation, Hariraj told that he is the Accountant/Muneem and other three persons are working as laborers on the said plant. He also disclosed that owner of said plant is Chandrapal. It is also disclosed that in the said plant, misbranded cement are manufacture from hardened cement by mixing ashes, dust of NTPC etc. and grinding of such cement are done in the plant of Sunil S/o Jagpal (present applicant) situated at Sector 146 NOIDA. It was also disclosed that after packing such cement in the bags of famous cement brands, it was supplied to the dealer, Alok Jain. On making inspection inside plant, several bags of cement packed in bags of branded companies, packing material etc. were recovered and one tractor trolley bearing No. UP 14 BQ 8749 loaded with 190 bags of cement, standing outside the plant was also intercepted. Co-accused, Hariraj further told that the said cement was brought from the plant of applicant, Sunil S/o Jagpal. It was also told that co-accused Sunil S/o Moolchand and Jayanti Prasad Giri are also involved in such activities. As per prosecution case, further several bags of misbranded cement were also recovered from the godown of Sunil and applicant, Sunil S/o Moolchand, Jayanti Prasad Giri, Deepu and Talim @ Talib were also arrested by the police. Thereafter, on the pointing out of co-accused, Chootu, police raided the godown of co-accused, Harendra Bhati, where he was found present and in his plant apart from misbranded cement, grinder machine was also found fitted in the plant. Co-accused, Harendra Bhati was intercepted at the spot and disclosed that he used to supply his misbranded cement to co-accused, Sunil S/o Mool Chand and Jayanti Prasad Giri. Thereafter, on the pointing out of Harendra Bhati, police has raided the plant of applicant, Sunil S/o Jagpal and arrested him from the spot showing recovery of misbranded cement from his plant.