SURESH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) ON May 5, 1984, the Haryana Government issued an order styled 'Haryana Milk Products Control Order, 1984 (for short the Order) under Section 3 of the Essential Commodities Act, 1955 (hereinafter referred to as the Act). Clause 3 of this Order prohibited the manufacture, sale, service or supply of milk products. Sub-clause (a) of Clause 3 prohibited the use of milk of any kind for the manufacture of cream, skimmed milk, Khoa, Rubree, Paneer or any kind of sweet in the preparation of which milk or any product except ghee is an ingredient. The order came into force on May 5, 1984 and ceased to operate on 31st July, 1984. However, while the order was still in force, Shadi Ram Assistant Sub Inspector alongwith other official and private witnesses conducted raid on the shop of Suresh Kumar accused who runs a shop at Panipat on 1st July, 1984. It is alleged that on seeing the police party, the accused ran away after spilling the milk on the ground, yet the cream extracting machine and about the 2 kgs. of cream were recovered from his shop. Hence the accused was prosecuted by the Presiding Officer, Special Court, Karnal, constituted under the Act, for contravention of the Order and was accordingly convicted and sentenced to three months rigorous imprisonment and a fine of Rs. 500/- on January 18, 1985.

(2.) THE main contention raised on behalf of the accused before the trial Court was that the order having expired by efflux of time and there being no saving clause to keep alive its operation, his prosecution after the expiry of the order was bad in law. The trial Court rejected this contention vide the impugned order, hence this appeal.

(3.) ON its plain language sub-clause (3) of Clause 1 provides for automatic expiration of the order by efflux of time. Thus it ceases to exist on July 31, 1984.