- (1.) This application under Section 439 of the Code of Criminal Procedure has been preferred by accused Paras Jain, who was arrested on 08.12.2013 during investigation in F.I.R. No.526/2013, registered on 07.12.2013 by the Anti Corruption Bureau for offence under Sections 7, 8, 9, 10, 11, 12, 13 (1)(a), (d), 13(2) & 14 of the Prevention of Corruption Act, 1988 read with Sections 119, 120, 116, 201, 213, 214, 217, 218, 272, 273, 308, 328, 420, 467, 468, 471, 474, 482, 483, 485, 486, 487, 488, 120-B IPC, Section 63 of the Copy Right Act, 1957, Section 102 read with Sections 103 and 104 of the Trade mark Act, 1999, and Section 66-D of the Information Technology Act, 2000. He applied for regular bail, which was dismissed by the order dated 16.12.2013 of the Court of Special Judge, Prevention of Corruption Act Cases, No.1, Jaipur.
(2.) Shri S.S. Hora, learned counsel for the petitioner, has argued that entire case against the petitioner is based on his telephonic conversation with one Dinesh Singhal and that Dinesh Singhal used to supply 'Nakli Deshi Ghee' for onward sale in nearby areas of Jaipur and Jhunjhunu Districts. There is no material on record to show involvement of the petitioner in any of the offence mentioned in the FIR. The petitioner was not involved in manufacturing of such 'Nakli Deshi Ghee'. There is nothing unusual in the packets of Nova Ghee being seized from the petitioner's business premise run in the name and style of M/s Raj Agencies, as the petitioner was a dealer of Nova Ghee for last eight years. The petitioner has produced bills of M/s. Sterling Agro Industries Limited in the name of M/s. Raj Agencies showing continuous purchases for the last five years. The invoices of the said manufacturers of the current financial year i.e. 01.04.2013 till 05.12.2013 have also been produced on record. The Ghee recovered from the premise of the petitioner is absolutely genuine product of Nova. The petitioner has been issued a license by the Department of Medical & Health Services, to deal in this commodity. Copy of the license has been produced on the record. The police, without obtaining any report from the analyst, has proceeded to arrest the petitioner. One out of three mobile phones alleged to be connected with the petitioner, in fact does not belong to him. Despite police custody of five days, nothing has been recovered at his instance or from any place in and around Jaipur and Jhunjhunu districts. No transaction has been proved as to whom the petitioner supplied the alleged 'Nakli Deshi Ghee'.
(3.) Entire FIR is a rolled up FIR and suffers from mis-joinder of charges as well as accused persons. Petitioner has been seriously prejudice from numerous allegations mentioned in the FIR.;