VIKAS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This second bail application has been filed by the accused petitioner under Section 439 Cr.P.C. The first bail application No. 9713 of 2009 was rejected by this Court by a detailed order dated November 30, 2009 after hearing both the sides.

(2.) The brief facts of the case are that firm namely M/s. Mansharam Pooranmal situated in town Laxmangarh District Sikar is doing the business of selling Deshi Ghee and Mawa in sealed packets of various brands alongwith other daily use house hold articles. It is submitted that for the purpose of sale, on 23.9.2009 the said firm purchased total 9 Cartoons of Kalpna Deshi Ghee containing total weight 135 ltrs., in 1 liter, 500 Mili Liters and 200 Mili Liters packings from the Dealer Shri Shyam Besan Utpadan Kendra, Plot No. 24 Kali Kothi Niwaru Road, Jhotwara, Jaipur vide bill No. 624 dated 23.9.2009. The said firm also purchased 7 boxes of Mawa Ag mark pure Ghee containing total weight 112 liters in 1 liter and 500 mili liter packings from Rajasthan Food Products having its godown at H. No. 105, Jalupura, Jaipur vide invoice No. 177 dated 16.4.2009. The learned Counsel averred that from this it is clear that the said firm is not manufacturer of Deshi Ghee but is selling the same in sealed packs condition after purchasing it from the dealers or manufacturers.

(3.) On 1.11.2009 the complainant Enforcement Inspector Danta Ramgarh lodged a written report against the present petitioner at Police Station Laxmangarh stating that the above said firm is found to be indulging in selling adulterated Deshi Ghee and Mawa and huge quantity of Deshi Ghee and Mawa was recovered from him.