RAMESH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) RAMESH Kumar appellant has filed this appeal against his conviction and sentence of three months' rigorous imprisonment and a fine of Rs. 500/- under Section 7 of the Essential Commodities Act, 1955 for having been found extracting cream from milk in contravention of the provisions of clause 3 of Haryana Milk Products Control Order, 1984 (wrongly mentioned as Haryana Milk Products Control Order, 1985 by the trial Court, although raid is said to have been made on 21.6.1984 when 1985 Order had not come into being).

(2.) THE allegations are that the appellant was found extracting cream from the milk by A.S.I. Siri Chand PW 2 who was accompanied by Constable Mohinder Singh PW 1. During the raid the police party recovered the following articles :-

(3.) MERE possession of cream does not contravene any of the provisions of said clause 3 reproduced above. The only argument was that since cream was found, it should be presumed that milk was used for the manufacture of the said cream. There is no doubt that for extracting cream, use of milk is necessary. In this case no quantity of milk was found or taken into possession by the raiding party. In these circumstances, the appellant cannot be said to have used milk for the manufacture of cream. Such type of allegation can be corroborated only when at least some quantity of milk is found and in a case of two kgs. of cream, sufficient quantity of milk will be required. The argument of the learned counsel for the appellant that drum, Exhibit P5 could not contain more than 5 kg of milk is not controverted by the counsel for the State in the absence of which clause 3 cannot be said to have been contravened. On merits also the appellant is a resident of Baburpur and is not proved to be connected with the place of recovery. ASI Shri Chand PW 2 did not make any effort to join any in dependent person in the said party.