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1. In both these applications under Section 438 of the Criminal Procedure Code (hereinafter referred to as "the Code"), the applicants pray for the relief of release before arrest for the alleged offences under Section 304, 328, 272, 273, 201, 420, 120-B of Indian Penal Code read with Sections 7/16 of the Prevention of Food Adulteration Act (hereinafter referred to as "the Act").

2. The prosecution case, as revealed from the charge-sheet is that during the months of May, 1998 to August, 1998 the applicants entered into a conspiracy with an object to adulterate mustered oil by mixing it with Argemone Oil, which resulted in death of large number of people by dropsy disease; that the applicants, namely M/s.Kamal Oil Mills and Vijay Trading Company purchased argemone oil from M/s.Krishna Oil & Cotton Company, Modasa, District Sabarkantha (Gujarat), mixed it in mustard oil and sold the same in the market for consumption; that death of number of persons affected by dropsy disease in Delhi after the consumption of adulterated mustered oil, led to the registration of the FIR for the aforesaid offences, inter-alia,alleging that Smt.Sushila and Ms.Pinki, wife and daughter respectively of Shri K.K. Jha died because of consumption of the said adulterated mustard oil; that argemone oil was purchased from Modasa (Gujarat) from where it came to Kamal Oil Mills/Vijay Trading Company, who sold the same to Vikas Traders, who sold the same in the market and received by consumers; that the report under Section 173 of the Code came to be filed by the investigating agency stating therein that these two applicants are not arrested.

For applicant Dinesh, it is submitted that he is the brother of applicant Vijay and was trading in the name of Kamal Oil Mill and that tanker No.DIL-3044 was sold to NDDB, NOIDA, by Kamal Aggarwal through Vijay Trading Company as per the allegations in the charge-sheet. Referring to mustard oil tanker analysis report, copy whereof is at page 34, it has been submitted that the mustard oil in tanker No.DIL-3044 suggests the test for argemone in the negative.

11. It has been argued by Mr.Trivedi that the effect of consumption of mustard oil is mirage with argemone; that it will be a matter of proof as to why Shariya was imported by the applicant when he is a manufacturer of mustard oil only and the petitioners are not the manufacturers of any allied product for which argemone was required. All these is a matter of proof, which could be at the trial.

As far as applicant Dinesh Aggarwal is concerned, in the charge-sheet it has been alleged that accused Dinesh Aggarwal was the Managing Director of the business of M/s. Kamal Oil Mill and Refinery, 33/9, Bawana Road, Samaipur, Delhi and was also looking after the affairs of the Mill. Charge sheet contains the allegation that co-accused Maheshkumar Maganlal Shah used to purchase Argemone (Akharva/Satyanashi/Darudi) on cheap rate of Rs. 7/- per Kg. from various persons and thereafter used to manufacture argemone oil in his factory and same was supplied to various purchasers including Vijay Trading Co. and Kamal Oil Mill. The allegation is also to the effect that accused Dinesh Aggarwal, having knowledge that the said oil was contaminated and have resulted in spread of epidemic dropsy, had sold the same to M/s. K.S. Consupro India Private Limited, Delhi, who sold this oil in tins with labels of Tamul Brand to M/s. S.M. Enterprises, Guwahati and sample tested by P.F.A. at Guwahati showed positive results about argemone.

The copy of report of PFA at Guwahati has been placed for perusal, which suggests the result about argemone as positive.

13. The statement of Joshi Indravadan Narmadashanker, Clerk serving in Krishna Oil Mill & Cotton Co., Modasa (Gujarat), under Section 164 of the code has also been referred to by the respondent-CBI. It is stated therein that "Our mill sold between May 1998 and June 1998 2.5 tankers of Akharva oil and 1.5 tanker of Shariya oil to M/s.Vijay Trading Co., Delhi and bills for both these oils in Form No.45 K, despatch papers have been made of Shariya oil only; that both these oils are used in manufacturing soaps; that Akharva oil is costlier by approximately Rs.10/- than Shariya oil and Akharva seeds are costlier by about Re.1/- to 1.50 than Shariya seeds. The Akharva seeds attract 4% sales tax whereas on Shariya seeds there is no sales tax. Because of this Akharva is sold as Shariya; that local people here (Modasa, Gujarat) know Akharva as "Darudi" (Argemone) and in Rajasthan as "Satyanashi".