Calcutta High Court
CRM/11298/2020 of PALASH GHOSH Vs THE STATE OF WEST BENGAL on 31 December 2020
KAUSHIK/CHC Rejected C.R.M. No.11298 of 2020 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Krishnagar Kotwali Police Station Case No.835 of 2019 dated 02.12.2019 under Section 272 of the Indian Penal Code and Section 57 of
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31.12.2020Item no.15Ct.8KAUSHIK/CHCRejected
C.R.M. No.11298 of 2020
In Re:- An application for anticipatory bail under section 438of the Code of Criminal Procedure in connection with KrishnagarKotwali Police Station Case No.835 of 2019 dated 02.12.2019under Section 272 of the Indian Penal Code and Section 57 of theFood Safety and Standards Act, 2006.
And In the matter of:-Palash Ghosh
… Petitioner
Mr. Prabir Majumder
.. for the petitioner
Md. Anwar Hossain,Ms. Manisha Sharma
..for the State
Liberty is granted to the petitioner to amend the cause-title,incorporating an additional section, during the course of the day.
Learned counsel for the petitioner submits that, although itwas alleged that empty Hydrogen Peroxide jars were seized fromthe precincts of the petitioner’s milk chilling plant, in the absenceof any report on the fact that the milk being processed wasadulterated, there is no scope of arresting the petitioner.
Learned counsel for the State contradicts such submission onfacts and places reliance on the Case Diary to indicate thatquantities of Hydrogen Peroxide was, in fact, recovered from theprecinct in question.
The seizure list, which is a part of the Case Diary, vindicatesthe stand taken by the State regarding jars containing HydrogenPeroxide having been recovered from the site.
Moreover, since investigation is still on going in the matter, itwould not be prudent to grant anticipatory bail to the petitioner.
Accordingly C.R.M.11298 of 2020 is dismissed.
Urgent certified photostat copy of this order, if applied for,shall be given to the parties as expeditiously as possible oncompliance of all necessary formalities.
(Sabyasachi Bhattacharyya, J.)
(Saugata Bhattacharyya, J.)