ASHRAF Vs. RUSTAM

JUDGEMENT

(1.) This criminal appeal has been preferred by the appellants under Section 374 Cr.P.C. against the judgment and order dated 11.01.2010 passed by learned Additional Sessions Jude/Fourth Fast Track Court, Haridwar in Sessions Trial No.212-A of 2000 (Case Crime No.52 of 1999, P.S. Kotwali Manglore [Haridwar]), State Vs. Asraf & Others, whereby both the appellants were convicted under Section 272 IPC and sentenced to undergo five years and six months' rigorous imprisonment with fine of Rs.25,000/- each (Rupees Twenty Five Thousand Only); in case of failure in depositing the fine, the accused was directed to undergo three-three months' additional simple imprisonment.

(2.) Brief facts of the case are that on 14.03.1999, a telephonic information was received that at Village Budpur Jatt in the house of Nasim accused-Nasim, Rustam and Ashraf were making synthetic milk. On this information, S.O. Omprakash Sisodia along with A.S.I. Dal Chand, Constable Sauraj Singh, Constable Ashok Kumar along with Driver Vijender Singh proceeded from the police station for Village Budpur Jatt in Government Jeep UP-10B-4240. On the way, they tried to procure the public witnesses but due to enmity, nobody became ready to witness the incident.

(3.) After conducting their personal search, the police team reached at Village Budpur Jatt at the house of Nasim and saw that three persons were present in the kitchen. Out of those three, one was mixing something in the milk and was asking another person to put urea and asking the third person to put glucose in the milk. After hearing this conversation, the police personnel became sure that all the three persons were preparing the synthetic milk. The aforesaid persons were nabbed at about 01:30 p.m. who disclosed their names as Nasim, Ashraf and Rustam. From the possession of Nasim, one cane, full of milk, was recovered; a tin mug full of sticky substance was recovered from Ashraf while a white sack filled with light green substance was recovered from Rustam. All the persons told that they were making synthetic milk.