Take notes as you read a judgment using our Virtual Legal Assistant and get email alerts whenever a new judgment matches your query (Query Alert Service). Try out our Premium Member services -- Free for one month.\n\nMadhya Pradesh High Court\nDeepak vs The State Of Madhya Pradesh on 24 February, 2021Author: Rohit Arya\n                                                                  1\n                                     M.Cr.C. No. 10021 of 2021\n                                       ( Deepak Vs. State of MP)\n\n       THE HIGH COURT OF MADHYA PRADESH\n                 M.Cr.C. No. 10021 of 2021\n                  ( Deepak Vs. State of MP)\nIndore, Dated: 24/2/2021\n     Shri R.S. Chhabra with Shri Aman Arora learned counsels for\napplicant.\n      Shri    Arjun   Pathak     learned   Panel   Lawyer   for   the\nrespondent/State.\n      This is second bail application under Section 439 Cr.P.C. First\nbail application was dismissed on 12.1.2021 passed in M.Cr.C. No.\n52506/2020. The applicant is in custody since 3.10.2020 in\nconnection with Crime No.703/2020 registered at P.S. Kishanganj\nMhow, District Indore for the offence punishable under Sections\n420, 272, 273 IPC and 26, 27(2)(e), 51, 52, 57, 58, 59, 63 Food\nSafety and Standard Act, 2006.\n      The applicant is engaged in the business of producing black\npepper and allied consumable products and running the business\nunder the name and style Balaji Trading Company. Four other\npersons namely Ramesh Makhija, Mukesh Makhija, Sumit Gupta\nand Teekamdas Aadani running a partnership business under the\nname and style of Satguru M.K. Traders (Heeng) also engaged in\nthe business of manufacturing consumable items with Heeng and\nother milk products. On raid conducted at both premises by the\nFood Security Officer of Food and Drug Administration Department,\nsamples were seized       for chemical analysis and sent to the\nlaboratory. Samples were found adulterate, substandard and not fit\nfor human consumption. On aforesaid fact, a detailed report was\nsubmitted by Superintendent of Police to the Collector Indore for\nkeeping all of them in detention invoking the powers under Section\n3(ii) of National Security Act (NSA). The order was passed on 5th\nDecember 2020. In case of applicant, an FIR was already lodged on\n3rd December 2020 at crime case no. 703/2020 at Police Station\n                                                                   2\n                                     M.Cr.C. No. 10021 of 2021\n                                       ( Deepak Vs. State of MP)\n\nKishanganj Mhow, District Indore and he was in jail at the time of\nissuance of the aforesaid order under NSA.\n      The Central Government in exercise of its power under\nSection 14 of NSA has revoked the detention order dated\n5.12.2020. Remaining four persons accordingly have been set free.\nApplicant is languished in jail because of the arrest pursuant to the\nFIR (supra).\n      Shri Chhabra learned counsel for applicant submits that\nearlier application was dismissed albeit on merits, but primarily on\nthree counts: (i) This court ruled that even though allegations made\nagainst the applicant were primarily under the Food Safety and\nStandard Act, 2006 accusing of food adulteration, mixing of foreign\nmaterials, substandard and unfit for human consumption, still the\nprosecution can be launched for the offences under Sections 420,\n467, 468, 272, 273 of IPC etc. on allegation of misrepresentation,\nmisbranding, deception and cheating with consumers as alleged in\nthe FIR. (ii) the investigation was in progress. (iii) Detention order\nhas been passed against the applicant on 5.12.2020.\n      Learned counsel submits that           there are two changed\ncircumstances subsequent to the order passed by this Court namely\nthe investigation is complete and detention order dated 5.12.2020\nhas been revoked, as referred above. Under such circumstances\nthis Court may consider enlargement of the applicant on bail since\nhe is no more required for custodial investigation with no criminal\nantecedents and he is languishing in jail since 3.12.2020 on such\nterms and conditions this Court deems fit and proper.\n      Per contra, learned Panel Lawyer supports the order\nimpugned and vehemently opposes the bail application with\nsubmission that there is sufficient material on record that applicant\nhas been engaged in a clandestine activity of adulteration with\nsubstandard    foreign   materials   mixed    in   consumable   items\n                                                                     3\n                                      M.Cr.C. No. 10021 of 2021\n                                        ( Deepak Vs. State of MP)\n\nparticularly black pepper and with misrepresentation sold the\ncommodity to consumers, innocent consumers have fallen prey by\ndeceivement and misrepresentation in the hands of applicant as\nthe applicant has played with their ignorance. Under such\ncircumstances, it is not a fit case for enlargement on bail. However\nlearned counsel does not dispute that detention order has been\nrevoked and investigation is complete. As on date the applicant is\nnot required for custodial investigation. Applicant has also no\ncriminal antecedents.\n       Upon hearing learned counsel for the parties, but without\ntouching merits of the contentions so advanced, in the changed\ncircumstances, as detailed above, regard being had to the fact that\napplicant has suffered jail incarceration since 3.12.2020, not\nrequired for further custodial interrogation, and due to Covid-19\npandemic, possibility of delay in conclusion of trial cannot be ruled\nout,   the applicant infact is entitled for bail but on stringent\nconditions.\n       Consequently, the application of the applicant filed under\nSection 439 of the Criminal Procedure Code, 1973 is hereby\nallowed. It is directed that the applicant be released on bail on\nfurnishing personal bond in the sum of Rs.20,00,000/- (Rs.Twenty\nlakhs only) with one solvent surety in the like amount to the\nsatisfaction of the learned Trial Court and on the condition that he\nwill remain present before the Court concerned during trial and also\ncomply with the conditions enumerated under Section 437(3) of\nCriminal Procedure Code, 1973 with following further conditions:\n       (i) the applicant will abide by the terms and conditions\n       of various circulars and orders issued by the\n       Government of India and the State Government as\n       well as the local administration from time to time in the\n       matter of maintaining social distancing, physical\n       distancing, hygiene, etc., to avoid proliferation of Novel\n       Corona virus (COVID-19);\n                                                                    4\n                                      M.Cr.C. No. 10021 of 2021\n                                        ( Deepak Vs. State of MP)\n\n\n        (ii) the applicant shall mark his attendance before\n        the concerned Police Station on 2nd and 4th\n        Saturday of every month between 10.00 am to\n        12.00 noon.\n\n        (iii) As and when the applicant is noticed for further\n        investigation or questioning by the I.O. he shall report\n        compliance.\n\n        iv) The applicant shall surrender his passport before\n        the trial court.\n\n        v) The concerned jail authorities are directed that\n        before releasing the applicant, the medical\n        examination of the applicant be conducted through the\n        jail doctor and if it is prima facie found that he is\n        having any symptoms of COVID-19, then the\n        consequential follow up action or any further test\n        required be undertaken immediately. If not, the\n        applicant will be released on bail in terms of the\n        conditions imposed in this order;\n\n        (vi) violation of conditions, State is free to apply for\n        cancellation of bail.\n       Learned Panel Lawyer is directed to send an e-copy of this\norder to all the concerned including the concerned Station House\nOfficer of the Police Station for information and necessary action.\n       Observation on facts are only for the purpose of deciding the\ninstant bail application and shall have no bearing on the pending\ntrial, in any manner, whatsoever.\n       Registry is directed to send an e-copy of this order to the\nCourt concerned for necessary compliance.\n       Certified copy as per rules.\n\n                                                 (Rohit Arya)\n                                                   Judge\nBDJ\n\n\nDigitally signed by Bhuneshwar\nDatt\nDate: 2021.02.24 18:26:15 +05'30'