Bimal Saha @ Bimal Chandra Saha v. The State Of Bihar

Patna High Court Cr.Misc. No.31673 of 2015 (2) dt.17-08-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31673 of 2015 Arising Out of PS.Case No. -44 Year- 2012 Thana -PURNEA SADAR District- PURNIA ====================================================== Bimal Saha @ Bimal Chandra Saha S/o Late Umesh Chandra Saha Resident of Amilal Dhanothiwala Road, Naya Bazar, P.S. Silliguri, District Darjeeling (West Bengal).

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. N.K. Agarwal, Sr. Advocate. Mr. Dhananjaya Nath Tiwari, Advocate For the Opposite Party/s : Mr. R.S.Choudhary (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 17-08-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Sadar P.S. Case No. 44 of 2012 registered for the offences punishable under Sections 419, 420, 307/34 of the Indian Penal Code and Section 26 of the Food Safety and Standard Act, 2006.

Learned Sr. Counsel for the petitioner submits that the entire prosecution, launched against the petitioner, is wholly misconceived as it is not in accordance with the provision of Food Safety and Standard Act, 2006 under which, the present prosecution has been drawn. It is further submitted that the goods, in question, were transported from Siliguri and thereafter, it was seized at Purnea and the same was tested. No copy of the seizure list was ever supplied to the petitioner. It is

Patna High Court Cr.Misc. No.31673 of 2015 (2) dt.17-08-2015 further submitted that so far as provision of the Act is concerned, the procedure for launching prosecution has been made under Section 42 of the Act which has been ignored in the present case.

Considering the aforesaid submissions and also the fact that there is procedure prescribed for same and which does not appear to have been followed in the present context, let the petitioner, in the event of his arrest or surrender before the Court below within a period of three weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Purnea in connection with Sadar P.S. Case No. 44 of 2012, subject to the conditions as laid down under Section 438 (2) of the Cr. P.C. (Anjana Mishra, J) Jagdish/- U T