SANTOSH SAHARE Vs. STATE OF M.P.

JUDGEMENT

(1.) This is first bail application filed by the applicant under Sec. 438 of Cr.P.C. for grant of anticipatory bail. The applicant is apprehending his arrest in connection with Crime No. 257/14 registered at P.S. Badarwas, District Shivpuri, for the offence punishable under Ss. 3/7 of Essential Commodities Act, 1955 (In short Act of 1955).

(2.) As per prosecution case, complainant Rakesh Kumar Sharma, Senior Agriculture Development Officer, Block Badarwas has lodged the report at Police Station Badarwas that sample of Vantolite Sulphur 90% Batch No. BNS Oil taken on 25.01.2014, which was supplied by Aviral Bio -Tech & Fertilizers Pvt. Ltd., Mandideep, Raisen & same was sent for examination at Quality Control Laboratory, Bhopal, was found sub -standard. On this report, police has registered offence under Sec. 3/7 of Act of 1955 against the applicant who is the Manager of quality control.

(3.) Learned counsel for the applicant submitted that applicant has falsely been implicated for the alleged offence. He has no direct or indirect connection with the alleged offence. Applicant's company is a registered company & quality of product has been examined time to time and applicant is not responsible for substandard fertilizers. Learned counsel for the applicant further submits that fertilizer does not come within the definition of food. He further submitted that offence registered against the applicant is bailable one, in spite of that he is apprehending his arrest in connection with the alleged offence. The applicant belongs to a reputed family and he is Quality Control Manager and there is no chance of his absconsion, therefore, he prays for the bail under Sec. 438 of Cr.P.C.