VIKAS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) - The petitioner has filed this bail application under section 439 Cr.PC. 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 cartons of Kalpna Deshi Ghee containing total weight 135 Itrs. (sic), 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 Agmark 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. 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.

(2.) Mr. Sanjay Mahla, learned counsel for the accused petitioner contended that the accused petitioner has got no concern with the alleged offence. The samples taken by the concerning authorities were purchased by him from the distributors and the distributors are responsible for the same and the offence is related to sections 272 and 273 Penal Code and section 7/16 of the Prevention of Food Adulteration Act, but the police added section 420 IPC, which has made the case non-bailable. The accused petitioner has been arrested in the instant case without obtaining report from the Laboratory and no case under section 420 Penal Code is made out against the accused petitioner in absence of any evidence. The accused petitioner is in judicial lock up, hence he should be released on bail.

(3.) On the other hand. the learned Public Prosecutor opposed the arguments and contended that case under section 420 Penal Code is made out against the accused petitioner. Definition of cheating has been defined under section 415 Penal Code , which runs as under: