- (1.) AMAR Saran, J. Heard learned Counsel for the applicant and Shri Shashi Dhar Tripathi, learned Additional Government Advocate.
(2.) THIS application has been filed for quashing the charge sheet No. 203 of 2007 dated 15. 9. 2007, under sections 420/467/471/273/272 IPC, 63 of Copy Right Act and 7/16 of Prevention of Food Adulteration Act. police station Kharkhauda, district Meerut, pending in the Court of Additional Chief Judicial Magistrate, Meerut. The allegations in the FIR lodged on 15. 7. 2007 were that a raid was conducted in the house of Hawaldar Devi Saran Sharma when it was reported that two persons were engaged in the process of manufacturing fake Ghee and packing it in containers and attaching labels of reputed companies. At the time of raid on 15. 7. 2007 at about 1. 15 P. M. the co-accused Sushil was arrested on the spot adding essence to some refined oil for passing it off as Ghee, which was being heated in an aluminium vessel. The other accused is said to have run away. Sushil disclosed the name of the applicant to be the accused as the person who had made good his escape. Learned Counsel for the applicant has submitted that as the applicant was not apprehended at the spot, the case ought not to have been proceeded against him only on the basis of the statement of the other accused.
(3.) I think that matter of appreciation of the evidence can only be considered at the trial. It is further pointed out that the applicant had a licence for running a registered firm in the name and style of Jyoti Milk Food and he was not likely to do the work of taping polythene on fake Deshi Ghee with the co-accused Sushil.;