DILLIP KUMAR BISWAL Vs. STATE OF ODISHA

JUDGEMENT

(1.) This application under Ss. 397, 401 of the Code of Criminal Procedure has been filed challenging the order dtd. 27/9/2023 passed in C.T. Case No. 60 of 2021 by the learned J.M.F.C, Chandikhol rejecting the application of the petitioners filed under Sec. 205 of Cr.P.C.

(2.) The petitioners have been charge sheeted in Badachana P.S. Case No. 10 of 2021 for commission of offences punishable under Ss. 272, 273, 420, 34 of IPC and Sec. 56 of the Food Safety and Standards Act, 2006 along with co-accused Ramesh Biswal and cognizance of the offences under Ss. 272, 273, 420, 34 of IPC against the petitioners and Sec. 56 of the Food Safety and Standards Act against the co-accused Ramesh Biswal has been taken on 26/10/2021 and summons has been issued to the petitioners.

(3.) The prosecution allegations in brief are that on receiving reliable information about the adulteration of chili and tomato sauce in the manufacturing unit of the petitioners, which was being run by petitioner no.1, the informant proceeded to the spot along with his staff on 8/1/2021 and found that the main door of the room was locked from inside. After entering inside the house, he found huge quantity of chilli and tomato sauce kept inside the room along with stickers and also found pumpkin being boiled in a big aluminium container in a unhygienic condition and bad odour was coming from the room. On verification he found that one person who gave his identity as Ramesh Biswal was engaged in manufacture of sauce and on being questioned he stated that he has been engaged by the petitioner no.1 and that petitioner no.2 is the owner of the business and petitioner no.1 her husband is looking after the manufacturing unit. No technical certificate could be produced by him and he confessed that he was not trained and did not have any certificate. The informant did not find any raw tomato and chilli in the room and the co-accused Ramesh Biswal stated that sauce is being prepared in the room from pumpkin since the last three years and different colours and essence have been used for preparing the sauce and selling the same at cheaper rate in the market as compared to Kissan, Maggi etc. and the owner was fraudulently affixing logo and stickers and giving the impression to the public that the product is genuine and of a good brand.