1 Cri.Appln.No.533/2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.533/2011 The State of Maharashtra Through Police Inspector Shrirampur police station, Dist.Ahmednagar. - APPLICANT VERSUS 1) Rajendra Vithal Bankar and another. - RESPONDENTS (orig. accused) ***** Mr.NB Patil APP for State. Mr.RN Dhorde, Adv. h/for Mr.KB Autade, Advocate for Resp.Nos.1 & 2; ----- CORAM : K.U.CHANDIWAL, J. DATE : 29th April, 2011. PER COURT : 1) Heard learned APP for State and Mr.Dhorde learned Counsel for Respondent Nos.1 and 2/accused finally. 2 Cri.Appln.No.533/2011 2) The State has urged to set aside the order 14.10.2010 recorded by learned Additional Sessions Judge, Shrirampur District Ahmednagar in Criminal Misc. Application No.239/2000, granting bail to the respondents/accused. 3) During the course of submissions, learned APP could not point out anything against respondent no.2 – Harishchandra Sopanrao Wabale, to terminate the liberty showered upon him. Consequently, the request to that extent is rejected. 4) So far as resondent no.1 – Rajendra Vithal Bankar is concerned, it appears that the learned Additional Sessions Judge at Ahmednagar entertained bail for a temporary period and thereafter Criminal Misc. Application No.239/2010 was allowed, directing the accused/respondents to be released on bail of Rs.50,000/-. The learned Additional Sessions Judge, in paragraph 8 of his order, records a positive finding, that there is no doubt, prosecution has made out prima facie case under the Prevention of Food Adulteration Act, but the prosecution has failed to establish a single instance to show that on administrating/consuming the poisonous and synthetic milk the death of an individual has been caused or the life of individual was in 3 Cri.Appln.No.533/2011 danger. The learned Judge also observes, No doubt, the offence of adulteration is serious and is against the health of society and there is public cry at large in the society that the applicant should not be released on bail. The court cannot go on with the emotions of public at large. The court has respect towards the emotions of public at large. The court has to see law and whether prima facie case is made out under Section 328 of IPC, hence, custodial interrogation of the applicants is not necessary. He released the accused/respondent no.1 on bail. 5) Learned APP, by pointing the investigation papes, informs and not even disputed by Mr.Dhorde, that 22 tankers, loaded with milk supplied to the various agencies from 11th March to 4th August, faced rejection, as they had bad/foul odour/smell. Their properties would not answering requisite standard. There was odorous smell, the caustic test was found positive. The acidity in few of the milk tankers was found of low category. 6) The other grievance of learned APP is, after custody, the accused/respondent no.1 complained of ill-health and was forced to hospital and did not allow the Investigator to make inquiry with him and then he was sent to 4 Cri.Appln.No.533/2011 magisterial custody. This, according to him, was uncalled for. 7) At this stage, such exercise need not be castigated, as it is in different arena with different shades. 8) The fact remains, having gone through the investigation papers, the chilling plant, for which there operates protection in favour of the respondent no.1, was found staked with bags of milk and also at few places milk powder bags were found, they were taken charge. The accused/appellants may not have license to either stock/store the milk powder, as the papers do not so demonstrate. It is for the accused/respondents to establish the same at appropriate stage. The grant of bail, for the reasons referred herein above, by the learned Additional Sessions Judge, was rubbing salt to the injuries to several affairs. The Court is not expected to wait till casualty to ensure release of any person from fetters. The gravity in the matter ought to have taken into consideration and it was so indicated by furnishing details/data of earlier rejection of 22 tankers. 9) Cancellation of bail needs to be attended with care and circumspection. The 5 Cri.Appln.No.533/2011 accused/Respondent no.1 had played with life of several thousand people by supplying adulterated or synthetic milk. This had sent cold waves in the area. Taking survey of above facts, the order of releasing the accused/respondent no.1 by the learned Additional Sessions Judge in Criminal Misc. Application No. 239/2010 is set a side. The accused/respondent no.1 - Rajendra Vithal Bankar to surrender before the Investigator on 8th May, 2011 at 3.00 p.m. 10) Criminal Application partly allowed in above terms. (K.U.CHANDIWAL) JUDGE bdv/