अख़बार की दुनिया मे बेबाक़ी का सबसे बड़ा कलेजा

【 RNI-HIN/2013/51580 】
【 RNI-MPHIN/2009/31101 】



Jansamparklife.com







Prima Facie No Representation To Customer That Paneer Is Pure: MP High Court Grants Anticipatory Bail To Vendor Accused Of Selling "Unfit" Paneer

05 Jan 2023

no img

Gwalior : The Madhya Pradesh High Court, Gwalior Bench recently granted anticipatory bail to a vendor who was alleged to have been selling paneer that was unfit for human consumption.

The bench comprising Justice Atul Sreedharan observed that there was nothing on record to suggest that the customers purchased the paneer under the pretext that the it was pure but later found it to be adulterated-

For the offence of cheating under Section 420 IPC, ingredients of Section 415 of IPC have to be fulfilled. There must be a representation which is false which representation must lead a person to act in a manner which causes him loss or to act in a manner in which he would not have otherwise acted but for the false representation. Prima facie it does not appear to be a case where a customer has purchased the Paneer under the representation that the Paneer is pure and was later found to be adulterated.

Facts of the case were that while inspecting the shop of the Applicant, the Food Inspector seized paneer which was found to be unsafe for human consumption under Section 3(1)(zz) of the Food Safety and Standards Act, 2006. He, thus, filed a complaint against the Applicant as required under FSSA. In addition thereto, he also got an FIR registered against the Applicant for offences punishable under Sections 420, 272, 273 IPC. Apprehending his arrest, the Applicant moved the Court.

Applicant submitted before the Court that the said FIR was filed with mala fide intentions. It was further argued that he was alleged to have committed an offence which is specifically mentioned under FSSA, whereby he was exposed to penalty under Section 57(1)(ii). Per contra, the State asserted that the offence of cheating can be made out against an individual selling adulterated food.

Examining the submissions of parties and documents on record, the Court concurred with the submissions put forth by the Applicant. It noted that the ingredients under Section 415 IPC were not fulfilled so as to attract the offence under Section 420 IPC-

The F.I.R. has been registered by the Food Inspector himself. The other sections being Sections 272 and 273 though prima facie applicable in this case are not cognizable and bailable offence. Prima facie, it appears that the act of the applicant can only be proceeded under Section 57 (1) (ii) and Sections 272 and 273 of IPC. Prima facie, ingredients of Section 415 of IPC are not fulfilled in order to make the applicant liable for the offence under Section 420 of IPC.

Accordingly, the application was allowed and the Applicant was extended the benefit of anticipatory bail.

Case Title: BEERBAL DHAKAD VERSUS THE STATE OF MADHYA PRADESH

मध्यप्रदेश


Latest Updates

No img

Opposition leaders along with MLA Panchilal reach governor’s residence, ruckus created by heavy barricades & police


No img

Fraudster swaps ATM card with Chattarpur's Principal, withdraws Rs. 2.85 Lakhs from Bhopal's ATM. Kohefiza police registeres FIR


No img

इंदौर पुलिस ने लगाई छात्रों की पाठशाला।


No img

2160 EVMs kept in strong room of old jail Bhopal faces short circuit, CCTVs went off


No img

आबकारी आयुक्त ने गुरुवार देर शाम कलेक्टरों को पत्र भेजकर नई दुकानें खोलने के प्रस्ताव मांगे


No img

NIA की अदालत मे ATS ने फेंका तो गिरफ्तार PFI के बन्दे ने Victory चिन्ह कैमरे को दिखाया!


No img

नेमावर हत्याकांड के सहारे भाजपा को घेरते विपक्षी दलों की क्या दाल गल पाएगी?


No img

Bhim Army organization demonstrates strength in the capital Bhopal , grand convention organized at BHEL Dussehra ground


No img

लम्बे वक़्त के बाद जनसम्पर्क विभाग में फिर हुआ नियुक्त कामचलाऊ IAS अफ़सर!!


No img

MP: Shivraj's reign blacklists 9 corrupted companies, Kakkad and Parashar to face the heat


No img

तमंचों के साथ बैंक में डकैती की असफ़ल वारदात को अंज़ाम देने वालो को Crime Branch ने दबोचा!!!


No img

Lakhs of flour-wheat burned to ashes in Karond Mandi mill due to fire


No img

MP: Hindu Mahasabha to host Godse Yatra from Gwalior to Delhi on 14 March


No img

थाने में भी महफूज़ नही आस्था के आशियाने दिनदहाड़े दान पेटी चटका चोर हुआ चंपत!!


No img

'Sar Tan se Juda' slogans raised in Indore, police books 4 under 295A, 153A, 505 and 34 IPC sections