1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR ORDER S.B. Criminal Misc. Bail Application No. 6444/2009 Sahiram vs. State of Rajasthan Dated : 31.08.2009 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. Sriram Yadav, for the petitioner. Mr. G.S. Fauzdar, Public Prosecutor. This order governs the disposal of bail application filed under Section 439 of Cr.P.C. by Mr. Sriram Yadav Advocate on behalf of the applicant Sahiram pertaining to F.I.R. No. 325/2009 of Police Station Mundawar, Jaipur in the offences under Sections 420, 272 of IPC and 7/16 of P.F.A. Act. 2. Heard the learned counsel for the petitioner as also the learned Public Prosecutor appearing for the State and perused the relevant material available on record. 3. Learned counsel for the petitioner has canvassed that he has been falsely implicated and is in no way connected with the commission of the offence of manufacturing spurious Desi Ghee. No branded label has been recovered from the premises nor has been found to have sellinig Desi Ghee to any customer. In fact, the petitioner was manufacturing Vanaspati Ghee, which was found in a tin by the Inspecting team. From the facts of the case, no offence under Section 272 of IPC is made out nor any offence of cheating is found to have been committed by him. With regard to the offence committed under P.F.A. Act, the police has got no power to investigate the matter. In that case, the complaint is to be filed by the Food Inspector. Hence, he may be granted indulgence of bail. 2 4. Learned Public Prosecutor has opposed the bail application on the ground that Station House Officer, police station Mundawar, in pursuance of an information reached at the house of the petitioner Sahiram where he was found to have manufactured the spurious desi ghee by way of mixing the refined oil with Vanaspati ghee. He has further contended that a tin of refind oil, Vanaspati ghee, essence and chemical were found on the spot. The SHO tried to smell the manufactured so called desi ghee, he found that it was smelling like desi ghee only. Learned Public Prosecutor has further contended that the imitated or spurious desi ghee manufactured with the aid of refined oil, Vanaspati, chemical essence etc. is very injurious to human health. Hence, the bail petition may be dismissed. 5. Having considered the submissions made at the bar and scanned the relevant material on record, it is noticed that all the apparatus and raw material needed to manufacture the imitated or spurious desi ghee were found in the house of the petitioner and he was also found manufacturing the same. It is to be made clear that when the sale of adulterated food or drink is found, then it makes out an offence under Section 7/16 of PFA Act but when the adulteration renders it noxious that it may be sold or with knowledge that it may be sold is an offence under Section 272 of IPC. The business of manufacturing imitated or spurious ghee by way of noxious articles is on a high rise now a days. The spurious or imitated ghee may cause damage to the human health, hence, such activities are required to be seriously curbed. I, without expressing any opinion on the merits of the case but keeping in view the nature of the offence, do not feel inclined to grant bail to the petitioner and the same deserves to be dismissed. 3 6. In the result, the bail petition filed under Section 439 of Cr.P.C. on behalf of the accused-petitioners stands dismissed. (MAHESH BHAGWATI)J. Mak/- s-2