NEW DELHI, December 4: The bail application of prime accused in the dropsy case, Kamal Aggarwal (owner of Kamal Oil Mills), was today rejected by the Chief Metropolitan Magistrate. Declining the bail plea, CMM R.K. Gauba said:``I am not impressed with the plea that the chargesheet presented is not complete or should not be treated as a report under the CrPC act.'' The chargesheet, filed by the CBI, had come before expiry of the stipulated period of 90 days after arrest of Kamal Aggarwal, he said.Aggarwal is one of the six accused in the dropsy case. In its chargesheet, the CBI claims that they had conspired to mix argemone oil and rice bran in mustard oil.
The defence counsel in his bail petition had referred to the contents of the chargesheet, saying that they indicate ``that further investigation is being pursued.'' He accused the CBI of filing the report hurriedly only to deprive the accused their right to bail. ``Investigation into the matter without the formal approval of the court is illegal,'' he argued.
In its reply, the CBI denied the defence's accusation. They submitted that the investigation so far was complete, and it was based on the investigation that the report was filed under the CrPC Act.
The CMM, accepting the CBI's arguments, pronounced:``In my considered view, the investigating agency has collected sufficient evidence on the basis of which cognizance was taken as per the order dated November 28''.
The court had earlier issued production warrants against the six accused for December 1.
Kamal Aggarwal, along with the other five, is charged with culpable homicide not amounting to murder and causing hurt by means of poisonous substances.
Dinesh Agarwal (MD, Kamal Oil Mills), Vijay Kumar Agarwal (owner of Vijay Trading Company), Pawan Kumar (proprietor of Vikas Trading/Vikas Oil Mill) and his brother Sushil Kumar are the traders accused in the chargesheet. The CBI has also charged the managing partner of Krishna Oil Mill and Cotton Company, Mahesh Kumar Maganlal Shah, with being a party to the criminal conspiracy.
Kamal Agarwal, Pawan Agarwal and Sushil Kumar are in judicial custody, while Shah is in the Himmat Nagar jail in Gujarat.
Kamal Oil Mill had allegedly sold off the argemone-adulterated mustard oil through a broker to Vikas Traders, owned by Sushil Kumar and Pawan Kumar. The adulterated oil was bought by Kamal Aggarwal from the Gujarat-based company, Krishna Oil Mill and Cotton Company, owned by Shah.
Kamal Oil Mill also supplied a tanker of adulterated mustard oil to Rampat Oil Mill, in Jharoda Kalan, Najafgarh from July 20 to July 22. But the bulk consignment was returned to Kamal Oil Mill after complaints from consumers were received. The chargesheet further stated that Kamal Aggarwal, instead of disposing of the adulterated oil, palmed it off to other oil sellers, including Guwahati-based S.M. Enterprises. The oil was found adulterated with argemone.
Later, several companies returned the adulterated oil to Kamal Oil Mill, but instead of stopping supply, they chose to sell a consignment to the National Dairy Development Board (NDDB) in Noida.
On July 31, Naresh Trading returned a tanker-load (licence number: DIL 3044) of adulterated oil to the Kamal Oil Mill which sent the same tanker to the NDDB authorities in Noida.
Copyright © 1998 Indian Express Newspapers (Bombay) Ltd.