*1* IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATIONS NO.3995/2009, 3936/2009, 4135/2009 AND 4136/2009. Kirtikumar Hiralal Gundecha & another. ..Applicants in Cr.Apln.3995/09 Manohar Ramdas Pote. ..Applicant in Cr.Apln.3936/09 Suresh Gyanaba Roman. ..Applicant in Cr.Apln.4135/09 Dadasaheb Ramdas Jagtap. ..Applicant in Cr.Apln.4136/09 -VERSUS- The State of Maharashtra. ..Respondent ............... Mr.B.G.Vaidya, Advocate for the Applicants in 3995/2009. Mr.A.P.Mundargi, senior counsel i/b Mr.Deepak S. Shinde & Mr.D.B.Zarade, Advocates for the Applicant in 3936/2009. Mr.Rahul S. Kate, Advocate for the Applicants in 4135/2009 & 4135/2009. Ms.S.D.Shinde, A.P.P., for the Respondent/State in 3995/2009 & 4136/2009. Mr.H.J.Dedhia, A.P.P., for the Respondent/State in 3936/2009 & 4135/2009. ............... CORAM: A.P.DESHPANDE, J. Dated 22nd September, 2009. PC:- 1 All the applications are heard together as they arise out of the same crime bearing Crime No.218/2009 registered with Phaltan Police Station by the Food Inspector for the offences punishable under Sections 328, 272, 420 r/w 34 of the Indian Penal Code and Sections 2(ia)(a), 2(ia)(b), 2(ia)(c) and 2(ia)(m) of the Prevention of Food Adulteration Act. *2* 2 It is the case of prosecution that the Food Inspector received an information that some persons are selling the chemicals which are used for preparing the adulterated milk or which are used for adulteration of milk. Initially the premises of one Satish Bhise was raided and the chemicals seized. He informed that he purchased it from one Pravin Kadam. Hence, the premises of Pravin Kadam came to be raided. Pravin Kadam disclosed the name of one Sameer Mehta as a person who manufactures the chemicals and sales the same to others. Hence, the premises of Sameer Mehta were also raided and huge quantity of chemicals were seized from Sameer Mehta. On inquiry being made, Sameer Mehta informed that accused No.10 Prasad Punde who is professor has invented a formula wherein Sorbitol, Sodium Laureth Ethyl Sulphate and vegetable oil are mixed and processed for sometime and the mixture thereafter formed when mixed in given quantity in water, it looks like milk. According to the prosecution, when 35 mili-liter of the said mixture of chemicals is mixed in one liter of water, the solution looks like milk and the same is sold as milk. The said chemicals and mixture came to be seized and sent to the Chemical Analyzer. The report of Chemical Analyzer has been received by the Investigating Officer and the copies thereof are placed on record which clearly indicate that the solution contains sorbitol, detergent and sulphate. The Chemical Analyzer has categorically opined that the solution/ mixture is injurious to health. The present Applicants are the persons who have purchased the said mixture of chemicals through Sameer Mehta or someone else who has purchased it from Sameer Mehta. *3* 3 Perusal of the statement and supplementary statement of Sameer Mehta reveals that huge quantity of mixture (referred in the statement as “direct liquid”) was sold to the present Applicants. Dadasaheb Ramdas Jagtap, Manohar Ramdas Pote, Kirtikumar Gundecha, Tatyasaheb Galme have purchased 200 kg., 600 kg., 120 kg. and 80 kg. of the mixture respectively whereas others have purchased the mixture from the first purchasers. The statement of the driver was also recorded who has delivered the mixture to the present Applicants. All the Applicants are dealing in sale or purchase of the milk or milk products or store the same in the cold storage. 4 According to the learned APP, the discretionary relief of anticipatory bail ought not to be granted to the present Applicants as adulteration by using the harmful chemicals is bound to result in injuriously affecting the health of citizens at large. For the sake of making quick money, the Applicants are playing with the life of the citizens at large. It is then submitted that unless and until the custodial interrogation of the Applicants is permitted, thorough investigation in regard to whereabouts of the chemicals purchased by the Applicants cannot be traced. 5 Per contra, according to the learned counsel for the Applicants, the mixture has not been recovered or seized from the Applicants and that the Applicants could be put to terms so that the investigation is not hampered. 6 On perusal of the statements of Sameer Mehta, driver and the report of Chemical Analyzer, it does appear that there is enough material to connect the present Applicants with the crime. 7 Having regard to the nature of crime and overall impact *4* thereof on the people at large, in my view the present Applicants are not entitled for anticipatory bail. The custodial interrogation of the Applicants is absolutely necessary to facilitate a thorough investigation. In the result, the applications are dismissed. 8 At this stage, the learned counsel for the Applicants in Criminal Applications Nos. 3995/2009, 3936/2009, 4135/2009 and 4136/2009, on instructions from their clients, make a statement that the Applicants would surrender before the Investigating Officer by 24.09.2009. The statement is accepted. The said Applicants are granted time to surrender before the Investigating Officer till 24.09.2009. 9 The Applications are dismissed. -sd- (A.P. Deshpande, J)