Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16406 of 2018 Applicant :- Rakesh Kumar And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashish Kumar Dubey,Rajesh Chandra Dwivedi,Tarun Agrawal Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Counter affidavit filed by learned A.G.A. in the Court today is taken on record.
Sri Imran Sayed, Advocate has stated at the Bar that he has filed his Vakalatname on behalf of the applicants.
Heard learned counsel for the applicants and learned A.G.A. for the State.
Perused the Government Public Analyst Laboratory reports dated 7.4.2018, 24.3.2018 and 27.3.2018 (Annexure-1) to the counter affidavit.
Learned counsel for the applicants has drawn the attention of the Court towards the judgement of this Curt in the case of M/s Pepsico India Holdings (Pvt) Ltd. and Another vs. State of U.P. and Another in Writ Petition No. 8254, 8255 and 8256 of 2010 decided on 8.9.2010. In paragraph 27 of the judgement it is held that before launching any provision against an alleged offence of food adulteration, it is necessary for the concerned authorities to follow the mandatory requirements as provided under Sections 41 and 42 of the FSSA and , therefore, the police have no authority or jurisdiction to investigate the matter under FSSA. Section 42 empowers the Food Safety Officer for inspection of food business, drawing samples and sending them to Food Analyst for analysis.
Considering the report of the State filed by way of counter affidavit, as well as also considering the judgement passed by this Court in the case cited above, this Court enlarges the applicants on bail.
Let the applicants Rakesh Kumar and Srikant involved in Case Crime No. 114 of 2018, under Section 26(2)5 of Food Safety & Standards Act, 2006 and Section 272/273 I.P.C., P.S. Sachendi, district-Kanpur Nagar be released on bail on their furnishing personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions.
1. The applicants will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. They will not tamper with the witnesses.
3. They will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 27.7.2018 Faridul