Court No. - 37 Case :- CRIMINAL MISC. WRIT PETITION No. - 11054 of 2010 Petitioner :- M/S Bharat Khad Bhandar Thru' Prop. Vijay Kumar Respondent :- The Station House Officer P.S. Harduaganj Aligarh & Others Petitioner Counsel :- Ramendra Asthana Respondent Counsel :- Govt. Advocate Hon'ble Ashok Bhushan,J.
Hon’ble Yogesh Chandra Gupta,J.
Heard learned counsel for the petitioner and the learned AGA.
By this writ petition, the petitioner has prayed for quashing of the FIR in Case
Crime No.158 of 2010, under Section 3/7 Essential Commodities Act, P.S.
Hardua Ganj, District Aligarh.
Learned counsel for the petitioner contends that the samples were collected on
24th July, 2009 from the sealed packets, which on analysis was found to be
adulterated. He further contends that offence, if any is made out, is committed
by the manufacturer and no criminal liability caused upon the the petitioner.
Learned AGA prays for and is allowed four weeks to reply.
In the meantime, it is provided that till the submission of report under Section
173(2) Cr.P.C. the petitioner shall not be arrested in the aforesaid case crime
no.158 of 2010, under Section 3/7 Essential Commodities Act, P.S. Hardua
Ganj, District Aligarh.
List after four weeks.
Order Date :- 28.6.2010
Mustaqeem.