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2015 Supreme(MP) 232

SUSHIL KUMAR GUPTA
Santosh Sahare – Appellant
Versus
State of M. P. – Respondent


Advocates:
Ravi Dwivedi for applicant; Rajeev Upadhyay, Panel Lawyer for respondent/State.

ORDER

1. This is first bail application filed by the applicant under section 438 of CrPC for grant of anticipatory bail.

2. The applicant is apprehending his arrest in connection with Crime No.257/14 registered at P.S. Badarwas, District Shivpuri, for the offence punishable under sections 3/7 of Essential Commodities Act, 1955 (In short Act of 1955).

3. As per prosecution case, complainant Rakesh Kumar Sharma, Senior Agriculture Development Officer, Block Badarwas has lodged the report at Police Station Badarwas that sample of Vantolite Sulphur 90% Batch No.BNS 011 taken on 25.1.2014, which was supplied by Aviral Bio-Tech and Fertilizers Pvt. Ltd., Mandideep, Raisen & same was sent for examination at Quality Control Laboratory, Bhopal, was found sub-standard. On this report, police has registered offence under section 3/7 of Act of 1955 against the applicant who is the Manager of quality control.

4. Learned counsel for the applicant submitted that applicant has falsely been implicated for the alleged offence. He has no direct or indirect connection with the alleged offence. Applicant’s company is a registered company and quality of product has been examined time to time and applicant













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