IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH DATE OF DECISION: 05.02.2025 MANNU ...PETITIONER VERSUS STATE OF PUNJAB ... RESPONDENT CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL.

Present: Mr. Vikas Bali, Advocate for the petitioner.

Mr. Jaspal Singh Guru, AAG, Punjab.

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SANDEEP MOUDGIL, J 1. Relief Sought This petition has been filed under Section 482 of BNSS for anticipatory bail to the petitioner in FIR No. 02 dated 09.01.2025 under Sections 221, 238, 305 of the BNS at P.S.Sarabha Nagar, District Police Commissionerate, District Ludhiana.

2. Prosecution story, set up in the present case as per the version in the FIR reads as under :-

‘Today a complaint bearing PGD No. 155485/152522 dated 03.05.2023 from Dr. Tarun Bansal, Food Safety Officer, Ludhiana Moble No. 99156-00159 for conducting an enquiry was received from the office respected of Commissioner of Police of Ludhiana was received through post and the detail is same as under: "The Commissioner of Police Ludhiana Sub: Request to file FIR against Anmol Thapar S/o Davinder Thapar R/o Disposal road, Gobind Colony, Agwar Khawaja Baju, Jagraon, Distt Ludhiana 2 Abhishek Thapar S/o Davinder Kumar R/o Gobind Colony, Agwar Khawaja Baju, Jagraon, Distt. Ludhiana 3 Manu S/o Bharat Bhushan H. No 1870/5, Qila Mohalla Ludhiana for tempering with seal and theft of the food articles seized under Food Safety and Standards Act 2006. Sir, With reference to above mentioned subject, it is requested that on dated 12/02/2022 acting on a information received from crime branch, a raid was conducted by Food Safety Team, Ludhiana under supervision and leadership of Dr Gurpreet Singh, District Health Officer O/o Civil Surgeon, Ludhiana alongwith Dr. Tarun Bansal, Food Safety Officer, Ludhiana-1 and Sh. Buta Singh ASI, Crime Branch 1, CP office Ludhiana on a residential building of Principal Jagjit Singh Grewal and HS P-2 Grewal situated at Gali No 3. Gurdwara wali Gali, Panchsheel Vihar, Ludhiana, where duplicate Desi Ghee with brand name Param Anand was being manufactured. As per label declaration on the Desi Ghee jars, this business was of firm Sharma Milk products, 57, 61, City complex Chauri Sarak, Near Divison No 3. Ludhiana having FSSAI Number 12114441000002. During inspection Anmol S/o Davinder Thapar Rio Disposal road, Gobind Colony, Agwar Khawaja Baju, Jagraon, Distt Ludhiana 2 Abhishek Thapar S/o Davinder Kumar R/o Gobind Colony, Agwar Khawaja Baju, Jagraon, Distt Ludhiana 3 Manu S/o Bharat Bhushan H. No 1870/5, Qila Mohalla Ludhiana were found present and involved in manufacturing of duplicate desi ghee. They declared that they are employee of above said firm named Sharma Milk products. A huge quantity of duplicate ghee and different adulterants for manufacturing duplicate ghee were found in the premises. Samples of Ghee and adulterants were taken for further analysis and the remaining stock including about 882 liters Desi Ghee, about 628 Kgs Gemini Vanaspati (Adulterant), about 748 liters of Refined Soyabean Oil (Adulterant) and 6 liters of Artificial Flavoring Agent (Adulterant) were seized in the premises and kept in custody of above said accused (Copy of Seizure form attached as Annexure A). Besides this packaging material including 1050 cardboard cartons, 315 empty tins of 15 Kgs refined oil, about 5800 empty plastic jars of different sizes and 40 boxes of 5 kgs containing wrappers were also seized and kept in custody of above said accused (Copy of recovery form of packaging material attached as Annexure B). After that the premises was sealed on the spot by Food team Ludhiana and all the above mentioned accused were instructed not to temper with the seized stock and seal till further orders (Copy of seal orders of premises attached as Annexure C). Then on dated 28/03/2023, as per order of Designated Officer Cum DHO Ludhiana, the premises was again inspected by Food team Ludhiana comprising Dr. Tarun Bansal and Smt. Rashu Mahajan, Food Safety Officers, Ludhiana. On inspection it