Orissa High Court
BLAPL/1688/2021 on 30 June, 2021
Author: B.P.Routray
Bench: B.P.Routray
BLAPL No.1688 of 2021
6 30.6.2021 I have heard Mr.P.K.Rath, learned counsel for
the Petitioner and Mr.G.N.Rout, learned counsel for the
State.
The present petition has been filed under
Section 439 Cr.P.C. for grant of bail to the Petitioner in
connection with G.R.Case No.216 of 2021 arising out of
Banarpal P.S.Case No.46 of 2021 pending in the court of
the learned S.D.J.M., Angul for alleged commission of
offences under Sections 272/273/420/468/471/34 of
the I.P.C., Sections 51/52/56/59/63 of Food Safety and
Standards Act, 2006, Section 16 of Prevention of Food
Adulteration Act and Section 36 of Legal Metrology Act.
The allegations are to the effect that without
any valid license the Petitioner was running a flour mill
and selling packaged wheat flour labeling the name of
'Padma' and 'Aadarsh Chaki Fresh Atta'. On such
allegations, a plain paper F.I.R. was drawn by the Sub-
Inspector of Police, Banarpal Police Station, which was
registered as Banarpal P.S.Case No.46 dated 30.1.2021.
The Petitioner is inside custody since
31.1.2021. It is contended on behalf of the Petitioner
that he is a poor businessman and not connected with
the alleged offences and the ingredients of the wheat
flour as analyzed in the chemical examination report are
not violating the prescribed parameters. It is also
contended that collection of sample of the food items are
in violation of Section 47 of the Food Safety and
Standards Act. The investigation being completed, no
further need is there to detain the petitioner in custody.
On the other hand, learned counsel for the
State argued that the offences being related to human
consumable items, considering the gravity and
seriousness of the offences, the petitioner should not be
enlarged on bail.
Copy of the chargsheet and other documents
filed by the Petitioner inter alia reveal about seizure of
different items including large quantity of wheat flour,
unused empty packets of above stated brand names and
the packing machine. The statements of the witnesses
disclose that the Petitioner was the owner in occupation
of the seized flour mill.
Perusal of the chemical examination report
shows that, the tested food sample of wheat flour is
unsafe for human consumption due to presence of
unidentified structures and sub-standard due to non-
fulfillment of prescribed para-meters of food ingredient
and their characteristic.
Amongst the offences alleged, Sections 272
and 273 of the IPC (Odisha Amendment) prescribe
punishment for imprisonment for life.
Considering the nature of offences,
seriousness of the charge and the materials surfaced
against the Petitioner in course of investigation, I am not
inclined to release the Petitioner on bail. Accordingly, the
prayer for bail is rejected.
The BLAPL is dismissed.
After pronouncement of the orders, learned
counsel for the Petitioner prays to grant him liberty to
renew his prayer for bail afresh before the court below in
seisin over the matter.
The Petitioner is at liberty to renew his prayer
for bail afresh.
Copy of this order be uploaded in the High
Court's official website as per Court's Notice No.4798,
dated 15th April, 2021.
...................................
B.P.Routray, J crb