KAILASH CHAND GUPTA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The facts which are relevant for deciding this petition briefly stated are that the petitioner carries on the business in the name and style of M/s. Pooja Traders of which, he is the sole proprietor, certificate of which has been issued for carrying on the business of edible oil, ghee, vegetable ghee etc. by Ann. 2.

(2.) As per the prosecution case one Shri Yogendra Joshi, respondent No. 2 raided the godowns of the petitioner on 8-8-2001 and seized utensils i.e. containers, tanks, tubs and balance-scales, ceiling machines, deshi ghee, edible oil etc. and registered a case against the petitioner and two others vide FIR No. 133/2001 (Ann. 1) for offence under Section 420, IPC and Sections 78 and 79 of the Trade and Merchandise Marks Act, 1958 for short "the Act of 1958" on the allegation that the petitioner tried to defraud the public and also prepared misbranded ghee of various brands for sale. Thereafter, seized ghee was sent for analysis to the office of Public Analyst, Jaipur. The Report is dated 14-9-2001 (Ann. R/1) on the record.

(3.) The contents of the Report dt. 14-9-01 (Ann. R/1) are reproduced as under-