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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
DEEPAK GUPTA, J.
Hunny Mittal – Petitioner
Versus
State of Haryana – Respondent
CRM-M Nos. 41130, 43425 of 2023
Decided On : 04-01-2024
Regular Bail - Essential Commodities Act, Copy Right Act, IPC - [Section 7 of Essential Commodities Act (Act No. 10 of 1955), Section 63 of Copy Right Act, 1957 & Sections 120-B, 272, 273, 420, 467, 468, 471 of the IPC, 1860] - The court discussed the applicability of various sections including misbranded food under the Food Safety and Standard Act, 2006 and concluded that the accused were also possessing and selling misbranded food, which will be covered under the provisions of the Food Safety and Standard Act. The court referred to a similar case and held that where there is a special act governing the field of food adulteration, the provisions of IPC are not attracted. The court allowed the bail petitions based on the circumstances of the case.
Fact of the Case:
The petitioners sought release on regular bail in a case involving the manufacturing and selling of spurious ghee with labels of famous companies, under various sections including Section 7 of Essential Commodities Act, Section 63 of Copy Right Act, and Sections 120-B, 272, 273, 420, 467, 468, 471 of the IPC, 1860.
Finding of the Court:
The court found that the accused were also possessing and selling misbranded food, which will be covered under the provisions of the Food Safety and Standard Act. The court referred to a similar case and held that where there is a special act governing the field of food adulteration, the provisions of IPC are not attracted. The court allowed the bail petitions based on the circumstances of the case.
Issues: The issues involved the applicability of various sections including misbranded food under the Food Safety and Standard Act, 2006, and whether the accused could be granted regular bail.
Ratio Decidendi: The court's decision was based on the interpretation of the provisions of the Food Safety and Standard Act, 2006 and the applicability of the IPC in cases involving food adulteration.
Final Decision: The court allowed the bail petitions and admitted the petitioners to bail on their furnishing bail bonds/surety bonds to the satisfaction of the Learned Trial Court/Duty Magistrate concerned, on usual terms and conditions.
JUDGMENT :
DEEPAK GUPTA, J.
1. By way of two petitions titled above, both filed under Section 439 Cr.P.C. petitioners have prayed for their release on regular bail in a case arising out of FIR No. 315 dated 22.06.2023 registered at Police Station Jind City, District Jind under Section 7 of Essential Commodities Act (Act No. 10 of 1955); Section 63 of Copy Right Act, 1957 & Sections 120-B, 272, 273, 420, 467, 468, 471 of the IPC, 1860.
2. Status report in both the cases has been filed:
(i) As per the prosecution case, on 21.06.2023, SI Deepak Kumar along with other officials was present at Patiala Chowk, Jind on official duty, when he received secret information to the effect that Hunny Mittal (petitioner in CRM-M-41130-2023) & Bachan Lal (petitioner in CRM-M-43425-2023) are running a factory for manufacturing spurious Ghee, which is prepared by adding chemical and scent in refined oil and dalda ghee and that said spurious ghee is prepared in the name of Amul, Nova, Saras and Shakshi and sold in the market and thus, they are playing with the health of general public. Further information was that accused are using domestic cylinders illegally in preparing spurious oil and ghee. Relying upon the information, SI Deepak Kumar informed Food Safety Officer Joginder Singh on his mobile, who reached after some time. Raid was conducted. Owner of the godown Hunny Mittal along with his labour Bachan Lal were found at the spot, packing the spurious ghee. On search, 780 Lts. spurious ghee was recovered, apart from articles like gas burner along with regulator, domestic cylinder, electric weighing machine, containers, empty cartons and 850 empty Amul Ghee packets etc. Accused could not produce any license to manufacture the ghee. The Food Safety Officer separated 4 packets each of Nova half litre, Nova one litre, Amul one litre and Sanchi one litre as sample. These were converted into parcels and taken into possession.
(ii) FIR was lodged. On finding sufficient incriminating evidence against the petitioners, they were arrested on same day i.e. 22.06.2023. They also suffered separate disclosure statements disclosing the involvement of another accused Deepak Kumar. It was found that wrappers and tetra packs of famous companies namely Amul, Nova and Sanchi etc. were arranged by petitioner Hunny Mittal and co-accused Deepak from Gujarat and that the chemical flavour, scent, butter colour were purchased from Delhi. On 23.06.2023, Investigating Officer visited Gupta Trading Company in Sadar Bazar, Delhi to whom duplicate ghee was supplied by the accused vide a particular GSTIN No. However, Jitender Aggarwal found there told that the shop was being run by his father, in which business of mobile phone was being done and that no ghee had been ever purchased by them. Thus, GST No. mentioned in the bill was found to be forged. One Arvind of New India Transport Company was joined in the investigation. Builty and bills were produced by him and it was disclosed by him that he had brought the goods from New India Transport, Jind. The perusal of the bills revealed that Aadhar Number of co-accused was written thereon. The owners of the shop and plot, from where recovery was effected, were joined in the investigation and they disclosed that the shops were given on rent by them to petitioner Hunny Mittal and at that time, co-accused Deepak accompanied him.
(iii) In the meantime, the samples taken by Food Safety Officer were got analyzed. As per the report of the lab, the samples of ghee recovered were found to be sub-standard. After concluding the investigation, challan against both the petitioners was submitted in the Court. In the meantime, co-accused Deepak approached this Court seeking anticipatory bail, which was declined on 24.08.2023.
3. It is contended on behalf of petitioner Hunny Mittal that he has been falsely implicated; that no offence under Sections 272 & 273 of the IPC, 1860 are made out, which otherwise are non-cognizable and bailable and that FIR cou
AI
The main legal point established in the judgment is that where there is a special act governing the field of food adulteration, the provisions of IPC are not attracted.
The main legal point established is that charges must be supported by evidence, and the absence of evidence can lead to the quashing of charges.
Food adulteration - Bail granted - Mere possession or storage of noxious food or drink would not attract the ingredients of offence under section 273 of the Indian Penal Code, unless it is sold or of....
The court affirmed that operation of a manufacturing unit requires adherence to health regulations, and possession of licenses for non-consumable products does not exempt liability for producing unsa....
Prosecution must prove knowledge of food adulteration for liability under IPC; mere possession does not suffice for charges under Sections 273 and 420.
The Court ruled that cooperation with investigations and the presumption of innocence warranted bail for accused in a case involving food adulteration and conspiracy, despite serious charges.
Bail is the rule, not the exception; accused's cooperation and absence of evidence of witness tampering justified his release.
Under Section 42 of the Food Safety and Standards Act, The Food Safety Officer shall be responsible for inspection of food business, drawing samples and sending them to Food Analyst for analysis.
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