Advocates:
['DEVASHIS PANDA', '', 'S PANDA', 'D K MOHAPATRA', 'B JENA']

IN THE HIGH COURT OF ORISSA, CUTTACK

BLAPL No. 2508 Of 2021

An application under section 439 of the Code of Criminal

Procedure in connection with Markatnagar P.S. Case No.20 of

2021 corresponding to G.R. Case No.122 of 2021 pending on the

file of S.D.J.M. (Sadar), Cuttack.

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Deepak Agrawal @ Deepu …... Petitioner

-Versus-

State of Odisha

…... Opp. Party

For Petitioner: - M/s. Yasobanta Das

(Senior Advocate)

Devashis Panda

Sudipto Panda

D.K. Mohapatra

B. Jena

For Opp. party:

-

Mr. Jyoti Prakash Patra

Addl. Standing Counsel

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P R E S E N T:

THE HONOURABLE MR. JUSTICE S.K. SAHOO

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Date of Order: 04.10.2021

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S.K. SAHOO, J.

The petitioner Deepak Agrawal @ Deepu has

knocked at the portals of this Court by filing this application

under section 439 of Code of Criminal Procedure seeking for bail

in connection with Markatnagar P.S. Case No.20 of 2021

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Page 2 of 22

corresponding to G.R. Case No.122 of 2021 pending on the file of

learned S.D.J.M. (Sadar), Cuttack in which charge sheet has

been submitted for the offences punishable under sections 417,

420, 272, 273 of the Indian Penal Code, sections 51, 52, 53, 59

of the Food Safety and Standard Act, 2006 (hereafter referred to

as ‘2006 Act’), sections 33 and 36 of the Legal Metrology Act,

2009 (hereafter referred to as ‘2009 Act’) and Rule 32 of the

Legal Metrology (Packaged Commodities) Rules, 2011 (hereafter

referred to as ‘2011 Rules).

The petitioner moved an application for bail in the

Court of learned 1^st Additional Sessions Judge, Cuttack, which

was rejected vide order dated 23.03.2021 mainly on the ground

that the investigation of the case was under progress and the

complete chain of adulteration was to be unearthed and there

was every chance of tampering with the evidence.

2.

The factual matrix of the case on hand is that,

Pradipta Kishore Naik, Inspector in-charge of Markatnagar police

station, Cuttack UPD drew up a plain paper F.I.R. to the effect

that on 30.01.2021 while he was in the police station, he got

credible information regarding storage of huge quantity of

adulterated and duplicate ghee at Plot No.7D/1275, Sector-9,

C.D.A., Cuttack by the petitioner. He conducted confidential

enquiry and during enquiry, he ascertained that the information

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Page 3 of 22

received was correct. He intimated the fact to his superiors and

also gave requisition to the Food Safety Officer, C.M.C., Cuttack

and Senior Inspector, Legal Metrology, Cuttack-II to accompany

with him during the search. He along with his staff proceeded to

the spot for conducting search in the house of the petitioner to

verify the authenticity of the information and he procured two

independent witnesses, namely, Bikash Bhanja and Satyananda

Das on the way. At about 12.20 p.m., they reached in the house

of the petitioner and noticed that the petitioner was present in

his house. On being asked, the petitioner disclosed that he was

selling different brands of ghee and other burning oils in his

house to different small shops at Cuttack and Angul. On

verification of his house, it was noticed that there was storage

huge quantities of ghee of different brands. There was storage of

Balaji Puja Vanaspati Binayak ghee in plastic jars of different

quantities, tin jars of R