DINESH SAHU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is a petition under section 397 r/w 401 of the Cr.P.C. calling in question the legality, propriety and correctness of the order dated 12.08.2015 passed by XI ASJ, Indore in S.T.No.420/2015 whereby charges under section 420, 467 and 468 r/w 120-B of the IPC have been framed against the petitioners Dinesh Sahu, Chetan Sahu and other co-accused persons.

(2.) As per prosecution, on 2.10.2014 on the basis of secret information received by police, a raid was conducted at the premises of Shubham Industries A-5 A, Sector 'E', Sanwer Road, Industrial Area, Indore.

(3.) Allegedly, in this raid machinery and other items including packaging material used for packaging of different brands of pure Ghee and some containers of spurious Ghee were recovered. The factory was licensed in the name of Deepak Tak under the license issued by Food Safety and Standared Authority for running a firm under the name and style of Shubham Industries. During investigation certain wrappers to be used for packaging of packets of ghee were recovered from the possession of petitioners Chetan Sahu and Dinesh Sahu respectively, vide seizure memo dated 21.11.2014 and 20.3.2015. During investigation it was further revealed that the premises in question was leased out by General Manager, District Trade and Industries Center, Indore to petitioner Dinesh Kumar Sahu, the proprietor of Shubham Industries. It was further revealed that Dinesh Sahu had further sub let/assigned on lease this premises to Deepak Tak. After completion of investigation, appropriate proceedings under the Food Safety and Standards Act were initiated against the petitioners and other persons before Adjudicating Officer, Indore which have since been concluded vide order dated 23.2.2016 passed by the Adjudicating Officer.