Saroj Kumar Meher vs State Of Odisha

S. K. Panigrahi, J

This matter is taken up by video conferencing mode.

 2. The petitioner is in custody in connection with  Patnagarh PS Case No. 61 of 2021 corresponding to GR  Case No. 208 of 2021, pending in

the court of the  learned SDJM, Patnagarh, registered for the alleged  commission of offence under Sections 420 and 273/34 of  the IPC, has

filed this application under Section 439 of  CrPC for his release on bail.

The allegation of the prosecution is that the police conducted raid on the godown of one Bisweswar Panigrahi and found 123 packets of 500 ml.

Bisleri drinking water bottle and 4 cartoons of Spril Mango juice with erased manufacturing date from those items. On being asked, the owner of the

godown Bisweswar Panigrahi confessed that he had purchased those items at a price of ₹110 per expired Bislery bottle cartoons and ₹210 per

cartoon of Spril Mango juice from the present petitioner, who was the owner of M/s.S. S. Enterprises.

Learned counsel for the petitioner submits that the present petitioner has been implicated in this case on the basis of the confessional statement of

co-accused. Moreover, the co-accused who is in a worse footing than the present petitioner has been released on bail by this Court vide order dated

17.05.2021 in BLAPL NO.3308 OF 2021.The petitioner has been in custody since 16.03.2021.

Learned counsel for the State vehemently opposed the bail prayer of the petitioner stating that the act of the petitioner is likely to create havoc in

terms of public health hazards and an exemplary punishment shall have the deterring effect on the people aiding and abetting such crimes.

Heard the counsel for the parties. The terms like bottled water, bottled juice etc. have become completely fused and part of people’s

vocabulary and lives in recent years. Despite the common belief that bottled water is safe to drink and has better taste than direct sources of water,

scientific studies have shown that packaged water consumed after the expiry date is likely to cause health hazards. In fact, as per scientific evidence,

water does not expire but the plastic that contains the water is harmful. The plastic bottled water when get exposed to direct sunlight, the plastic has

the propensity to get leached its chemical components into the water. Some of the chemical components like BPA (Bisphenol A) used in plastic and

plasticizers are strongly suspected of disrupting our hormonal balance. Exposure to endocrine-disrupting chemicals is associated with around 80

diseases, including testicular cancer, obesity, and reproductive disorders. Unborn and young children are particularly vulnerable because their hormone

system is still at the stage of development. The World Health Organization (WHO) warned about the possible carcinogenic properties of endocrine

disruptors which can also increase the chances of breast cancer, infertility and heart diseases. Further, plastic are porous in nature and it might pick up

smell and even bacteria, which are harmful for human consumption, if the bottles are not destroyed after the expiry period.

It is, therefore, mandatory to disclose the nutritional value, list of ingredients and the date before which the product is said to be safe. The packaging

and other environmental factors largely affect the quality of the water or packaged juice. There is rampant use of bottled water across the state even

after the expiry day of its use is over. It is also an undenying fact that there is a tendency by the retailers as well by the manufacturers to temper with

the labeling by erasing the date of expiry and fix a fresh date. It is quite rampant in Odisha and elsewhere.

The department of consumer affairs the authorities vested with the maintenance of food safety and standards that protects consumers from unsafe

food through formulation of science based standards and their enforcement through analysis of food and market surveillance seems to be afflicted

with governance deficit. It is imperative that the State Government has to activate its enforcement authorities and surveillance mechanism to conduct

frequent raids on such manufacturing units, shops etc. wherein stuff like expired goods and fake goods etc. are sold to consumers.

However, in the present case, the authority seems to have been very active and tried to nab the petitioners and the co-accused for the said act of

erasing the date of expiry from packaged bottle and packaged mango juice. But the chemical examination report as produced before me suggests that

the said packaged water and juice is good for human consumption and it can cause no health hazards. It is also not possible to conclude that as to

whether the said erasure of expiry date of the packaged bottle and mango juice was done by the petitioner or by the retailer who is the co-accused.

Since the petitioner has already undergone a jail term exceeding more than two months and charge sheet has already been filed, as submitted by the

counsel for the petitioner, no purpose shall be subserved to keep him further in custody.

Considering the submissions made, facts and circumstances of the case, it is directed that the petitioner be released on bail in the aforesaid case

with some stringent terms and conditions as deemed just and proper by the learned court in seisin over the matter with further conditions that:-

i) the petitioner shall appear before the learned trial court on each date of posting of the case; and

ii) he shall not tamper with the evidence of the prosecution witnesses in any manner.

iii) he shall not indulge himself in any similar kind of offence

Violation of any of the conditions shall entail cancellation of the bail.

The BLAPL is accordingly disposed of.

As the restrictions due to the COVID-19 situation are continuing, learned counsel for the parties may utilize a soft copy of this order available in

the High Court’s website or print out thereof at par with certified copy in the manner prescribed, vide Court’s Notice No.4587, dated 25th

March 2020.