SUKADEV SAHOO Vs. STATE OF ODISHA

JUDGEMENT

(1.) The present petitioner, who is in custody, has filed the instant bail application under Section 439 of Cr. P.C. corresponding to G.R. Case No.1592 of 2020 based on Chauliaganj P.S. Case No.471 of 2020 pending before the learned Judicial Magistrate First Class, City, Cuttack. The petitioner herein is the accused in connection with alleged commission of offences punishable under Sections 420, 272, 273/34 of I.P.C read with Sections 50, 51, 59 and 63 of Food Safety and Standards Act, 2006. Prior to the instant application, the petitioner also approached the learned First Additional Sessions Judge, Cuttack vide Bail Application No.35 of 2021 arising out of G.R. Case No.1592 of 2020 which was rejected on 02.02.2021.

(2.) Shorn of unnecessary details, the facts of the present case is that on 30.12.2020, the I.I.C. of Chauliaganj P.S. along with A.S.I. Badal Kumar Mallick and Constable B.N. Sahoo were on patrolling duty. The I.I.C. received information that a bus from Kolkata had arrived at OMP Square, Cuttack carrying adulterated synthetic paneer for sale within Cuttack city. Upon arrival at around 10.15 A.M., the I.I.C. noticed that two people were standing under the over bridge at OMP square with two plastic jarkins. As the Police started to approach, the two people attempted to flee from the spot. While one person managed to escape, the other was apprehended who is the instant petitioner. In the presence of independent witnesses, a verification of the contents of the jarkins was conducted and it was found that the jarkins contained paneer. The general colour, texture and odour of the paneer did look deceptive which led to the suspicion in the mind of the I.I.C regarding the fact that the seized paneer was adulterated. Upon questioning the petitioner, the petitioner disclosed that he along with one Pramod Swain, who had escaped from the spot, had purchased the paneer from Kolkata to sell the same in Cuttack market. The petitioner further added that the aforementioned Pramod Swain and another Shiba Kathua were engaged in the business of selling adulterated paneer at high profit margins thereby cheating the general public. It is to be noted here that the petitioner was unable to produce any license or document for transportation of the paneer or for carrying out such business.

(3.) Upon registration of the FIR, the I.O. started investigation. He arrested and forwarded the accused-petitioner to the Court of learned JMFC, City, Cuttack on 31.12.2020. The petitioner has been in custody since then. A sample of the seized paneer was forwarded to the Food Safety Officer, Cuttack for a report on the genuineness of the sample. Vide letter dated 28.01.2021, the Health Officer, Cuttack Municipal Corporation based on the report of the Food Analyst informed the I.I.C. that the sample of paneer seized was substandard and not fit for human consumption as per the definition of the term "substandard quality" as defined u/s 3.1(zx) of Food Safety and Standards Act, 2006. The paneer is required to contain at least 50% of milk fat to be safe for human consumption, but it was found to have only 10.8% of milk fat, indicating thereby that it was some substance other than paneer which render it not fit for human consumption.