FSSA – Sec 50- Police not authorised to file case – HC Rajasthan – Jodhpur – Rahul Pareek Vs State of Rajasthan – Sept 26th -2016

                                                S.B.CRI. MISC. BAIL APPL. NO.8793/2016
PETITIONER Rahul Pareek s/o Shri Nityanand Pareek, By caste Pareek, Age 37 years, R/o Songiri Kuan, Bikaner. (Presently lodged at Central Jail, Bikaner)
RESPONDENT State of Rajasthan
Date of order : 26.09.2016
HON’BLE MR.JUSTICE PANKAJ BHANDARI Mr.S.D.Purohit for the petitioner. Mr.K.V.Vyas, PP for the State.                        

1. The petitioner has moved this bail application under Section 439 Cr.P.C.

2. The allegation in this FIR pertains to offences under Sections 420 and 272 IPC and Section 63 of the Copyright Act, 1957 and Section 50 of the Food Safety and Standards Act, 2006.

3. The contention of counsel for the petitioner is that the FIR has been lodged by Pushpendra Singh, Constable, Police Station Bichhwal, who is not authorized to do so under the Food Safety and Standards Act, 2006. It is also contended that the present petitioner is having all the relevant certificates and permissions to run his factory.

4. Learned Public Prosecutor has opposed the bail application.

5. Considering the fact that the present petitioner is not required for further investigation and the matter is triable by first class magistrate, I am inclined to grant bail to the present petitioner.

5. Consequently, the bail application is allowed. It is ordered that the accused-petitioner, Rahul Pareek s/o Shri Nityanand Pareek arrested in connection with F.I.R. No.193/2016, Police Station Bichhwal, District Bikaner shall be released on bail; provided he furnishes a personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/- each to the satisfaction of the learned trial court with the 3/3 stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.



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