IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Criminal Bail Application No.961 of 2009 Order on the Bail application of accused. CRIMINAL SIDE Ashok Chhabra ……….Applicant (In Jail) Versus State of Uttarakhand ------- Opposite party ________________________________________________________ Arising out of Case Crime No.141/09 U/Ss 420/272/273 IPC, P.S. Kotwali Vikas Nagar, Distt. Dehradun Dated: December 17, 2009 Hon’ble Dharam Veer, J. Heard Mr. Parikshit Saini and Sri M.A. Khan, learned Brief Holder for the State. In brief the prosecution case is that on 20.5.2009, the police of P.S. Vikas Nagar on the information of informant, raided a shop where the applicant-accused along with co- accused was found manufacturing spurious cold drinks by a machine by adulterating the branded label of the companies. On seeing the police persons, the accused tried to flee, however one of them could manage to run. From the spot, machine of manufacturing cold drinks, one cyclider, one motor machine along with machine Chakka were recovered. From another room and outside, as many as 289 filled bottles, 1008 empty bottles and 259 empty lids of bottles of cold drink were recovered. With the same averments, the FIR was lodged by Inspector In-charge J.C. Pathak at P.S. Kotwali Vikas Nagar, Distt. Dehradun on 20.5.2009 at 7:30 PM. The State has filed a counter affidavit along with which the statement recorded by the I.O. u/s 161 Cr.P.C. of complainant SHO J.C. Pathak has been annexed who has fully corroborated the version of the FIR. In the supplementary affidavit filed on behalf of the State, copy of the report of Public Analyst, Haryana, Chandigarh has been annexed, who in his report, has clearly stated that the samples taken from the spot are adulterated and unfit for human consumption. Learned counsel for the applicant submitted that the alleged recovery does not belong to the applicant and he has falsely been implicated. Per contra, learned brief holder strongly opposed the bail and submitted that the applicant-accused was arrested on the spot while manufacturing the spurious cold drinks in the brand name of several cold drink manufacturing companies. Further, on the spot, 289 filled bottles, 1008 empty bottles and 259 lids of cold drink bottles were also been recovered. After considering all the facts and circumstances, on hearing learned counsel for the parties; perusing the contents of the FIR; statements of the witness, namely, SHO J.C. Pathak; considering the recovery made on the spot of 289 filled bottles and 1008 empty bottles as well as 259 lids of bottles; perusing the report given by Public Analyst, Haryana, as well as on perusing the other material available on record, the Court is of the view that the present applicant does not deserve bail at this stage. The bail application is liable to be rejected and is rejected accordingly. Rejected. (Dharam Veer, J.) 17.12.2009 Rajeev Dang IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Criminal Bail Application No.961 of 2009 Order on the Bail application of accused. CRIMINAL SIDE Ashok Chhabra ……….Applicant (In Jail) Versus State of Uttarakhand ------- Opposite party ________________________________________________________ Arising out of Case Crime No.141/09 U/Ss 420/272/273 IPC, P.S. Kotwali Vikas Nagar, Distt. Dehradun Dated: December 17, 2009 Hon’ble Dharam Veer, J. Heard Mr. Parikshit Saini and Sri M.A. Khan, learned Brief Holder for the State. In brief the prosecution case is that on 20.5.2009, the police of P.S. Vikas Nagar on the information of informant, raided a shop where the applicant-accused along with co- accused was found manufacturing spurious cold drinks by a machine by adulterating the branded label of the companies. On seeing the police persons, the accused tried to flee, however one of them could manage to run. From the spot, machine of manufacturing cold drinks, one cyclider, one motor machine along with machine Chakka were recovered. From another room and outside, as many as 289 filled bottles, 1008 empty bottles and 259 empty lids of bottles of cold drink were recovered. With the same averments, the FIR was lodged by Inspector In-charge J.C. Pathak at P.S. Kotwali Vikas Nagar, Distt. Dehradun on 20.5.2009 at 7:30 PM. The State has filed a counter affidavit along with which the statement recorded by the I.O. u/s 161 Cr.P.C. of complainant SHO J.C. Pathak has been annexed who has fully corroborated the version of the FIR. In the supplementary affidavit filed on behalf of the State, copy of the report of Public Analyst, Haryana, Chandigarh has been annexed, who in his report, has clearly stated that the samples taken from the spot are adulterated and unfit for human consumption. Learned counsel for the applicant submitted that the alleged recovery does not belong to the applicant and he has falsely been implicated. Per contra, learned brief holder strongly opposed the bail and submitted that the applicant-accused was arrested on the spot while manufacturing the spurious cold drinks in the brand name of several cold drink manufacturing companies. Further, on the spot, 289 filled bottles, 1008 empty bottles and 259 lids of cold drink bottles were also been recovered. After considering all the facts and circumstances, on hearing learned counsel for the parties; perusing the contents of the FIR; statements of the witness, namely, SHO J.C. Pathak; considering the recovery made on the spot of 289 filled bottles and 1008 empty bottles as well as 259 lids of bottles; perusing the report given by Public Analyst, Haryana, as well as on perusing the other material available on record, the Court is of the view that the present applicant does not deserve bail at this stage. The bail application is liable to be rejected and is rejected accordingly. Rejected. (Dharam Veer, J.) 17.12.2009 Rajeev Dang