High Court grants bail to a security guard held 8 months over a ₹7.68 lakh milk theft at Modern Dairies, ruling bail is the rule and jail an exception.
Punjab & Haryana High Court Grants Bail to Security Guard in ₹7.68 Lakh Dairy Plant Milk Theft Case
Security staff at the dairy stopped the tanker near the main gate and allegedly found 9,110 kg of milk, worth Rs 7.68 lakh, inside it. (AI-generated image)

Justice Manisha Batra invokes the principle that “bail is the rule and jail is an exception” after eight months of custody following the Modern Dairies heist.

The Punjab and Haryana High Court has granted regular bail to a security guard implicated in an alleged industrial milk theft involving 9,110 kilograms of milk valued at ₹7.68 lakh ($9,200 USD) from a processing facility in Haryana. Justice Manisha Batra ruled that the purpose of bail is strictly to secure the appearance of an accused during trial rather than serving as punitive or preventive detention. Reiterating the established legal tenet that “bail is the rule and jail is an exception,” the court held that prolonged pre-trial incarceration should not function as a substitute for post-conviction punishment.

The incident dates back to the night of December 17, 2025, at the Modern Dairies Ltd facility located in Shamgarh, Karnal. According to the prosecution complaint, a commercial tanker arrived at the plant carrying paneer whey, logging an initial gross weight of 32,360 kg and an unladen tare weight of 11,800 kg after discharging the liquid. The driver allegedly connected the vehicle’s intake valves to the plant’s primary storage tanks and siphoned roughly 9,800 litres of processed milk. Plant security intercepted the vehicle near the exit gate, discovering 9,110 kg of unauthorized milk inside the tanker compartments.

Management at Modern Dairies alleged that the tanker driver orchestrated the theft in collusion with internal plant employees, causing substantial financial losses to the processor. Following the registration of a formal First Information Report (FIR), local police arrested the security guard on December 19, 2025, on the basis of a disclosure statement provided by a co-accused. During the wider investigation, law enforcement uncovered suspicious bank transactions totaling ₹45 lakh in the bank accounts of other co-accused individuals implicated in diverting milk outside the plant.

Appearing for the petitioner, Advocate Pankaj Bali argued that the accused was merely a temporary contract guard assigned to external perimeter security with an unblemished record and no direct recoveries made from his possession. The defense underscored that the guard had no mechanical access to or oversight of the plant’s automated pumping manifolds, internal valves, or milk loading bays—which were operated exclusively by specialized dairy processing staff and monitored under extensive multi-layered CCTV surveillance.

Weighing the arguments, Justice Batra observed that the petitioner had remained in continuous custody since December 2025 and was no longer required for custodial interrogation by investigators. Given that the formal trial is expected to take considerable time to reach completion, the High Court ordered the petitioner’s immediate release on bail. The ruling illustrates the operational and security challenges facing commercial dairy plants managing high-volume liquid milk intake and outbound product flows, highlighting the need for rigorous digital mass-balance tracking and automated valve controls across processing facilities.

Source: The Indian Express

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