MOHD. UMAIR (AS PER FIR MOHD. UMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO AND ANOTHER
/1361/2025 · 2025-09-23
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 167164 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 167164 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1361 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J.
1. The present anticipatory bail application has been filed seeking anticipatory bail in Case Crime/F.I.R. No. 0033/2025, U/ Sec-318 (2), 318 (4), 274, 275, 111 (2) of BNS Act & Section-51, 59 (i), 63, 57 (2) (i) of Food Safety & Standard Act, Police Station-Mandiyaon District- Lucknow. 2. Heard learned counsel for the applicant as well as learned AGA for respondent no. 1 and 2. 3. The present case has been registered on the basis of an FIR lodged on 14.01.2025 against five persons, including Anas Kirana Store, Khadra. It is alleged that a team of S.T.F. conducted a raid at the house of co-accused Mohd. Arif and recovered adulterated tea leaves. During interrogation, co- accused Arif disclosed that he used to purchase tea from various shops, including Anas Kirana Store owned by co-accused Mohd. Anas @ Mo. Anas. He further stated that the green tea bag, marked with “Nepal,” had been purchased by him from the present applicant. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the matter. It is contended that the applicant has no connection with the alleged substance. Versus Counsel for Applicant(s) : Ajey Singh Counsel for Opposite Party(s) : G.A. Mohd. Umair (As Per Fir Mohd. Umar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And Another .....Opposite Party(s)
5. On the other hand, learned AGA, relying upon the case diary, has opposed the bail application. He submits that this is not a case of false implication, as there exists scientific evidence supporting the prosecution case. The seized articles were sent for examination, and the Food Safety and Drug Administration, Lucknow, vide its letter No. 677 FSDA Information 2025 dated 03.02.2025, informed that out of nine samples tested, some were found adulterated, some were declared unsafe for human consumption, and others were found to be substandard. Thus, the prosecution case cannot be termed as false implication. 6. Upon perusal of the record, including the case diary and the report of the Food Safety and Drug Administration dated 03.02.2025, it is evident that, prima facie, the prosecution case as narrated in the FIR stands corroborated by scientific evidence.
Sale of adulterated or unsafe food articles, unfit for human consumption, constitutes a serious offence. 7. Accordingly, no ground for grant of anticipatory bail is made out. The anticipatory bail application is, therefore, rejected. September 23, 2025 R.C.
NABAIL No. 1361 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench