MEDICAL OFFICER OF HEALTH Vs. SATISH KUMAR KAPOOR

JUDGEMENT

(1.) THIS is an appeal against acquittal. The order of acquittal has been made by Mr. R. K. Arya, Chief Judicial Magistrate, Farrukhabad on 2-3-1977. The case against Satish Kumar Kapoor was for an offence punishable under Section 16 (1) (c) of the Prevention of Food Adulteration Act.

(2.) THE prosecution case was that on 6-7-1975 at about 6:30 in the morning, Food Inspector Sri L. S. Tandon along with Sri R. N. Saxena, Food Inspector reached the Ice Candy factory of the accused Satish Kumar Kapoor installed in one of the outer rooms of his residential house in Mohalla Khat-rana, Farrukhabad adjacent to the machine room. THEre is his Gaddi room and the two rooms are connected by a door. It is said that the accused prevented the Food Inspector Mr. L. S. Tandon from taking the sample of ice-candy which he was manufacturing in his factory, closed the door and himself left the place.

(3.) THE discussion in the learned Magistrate's judgment was unnecessary also, because if the prosecution evidence is believed then it will have to be held that the Inspector was not allowed to function properly and he was prevented from taking the sample. In a Division Bench Case 1971 CrLJ 785 it was held that mere refusal on the part of the vendor to comply with the request of the Food Inspector to sell him goods for sample will not amount to preventing the Food Inspector from taking the sample. In this case, the earlier case of Municipal Board Sambhal v. Jhamman Lal, AIR 1961 Allahabad 103=1960 AWR 490 Division Bench was considered and it was held that the observations in Jhamman Lal's case were in the nature of obiter dictum and were distinguishable. Subsequently in the case of Sriram v. State, 1976 ACQ High Court page 19 another case was considered by this Court. THEre the accused on demand refused to give a sample and then went away after closing his shop. It was held that it was an overt act which frustrated the inspector's mission and prevented him from doing his duty. THE closing of the shop was held to be having a direct nexus with the vendor's refusal to give a sample.