LALJI Vs. STATE OF M.P. AND ANOTHER

JUDGEMENT

(1.) The prosecution case, initiated on the complaint of the Municipal Council, Sehore, through its Food Inspector Dhyan Das Namdeo (P.W. 1) was that on 18-5-1974 at about 7 a.m., when the said Food Inspector was inspecting the food-stuffs at the crossing of Seven Farm, within the municipal limits of Sehore Municipal Council, the applicant was also passing from there on his cycle with milk in a container for sale. The Inspector, through a peon accompanying him. called the applicant crossing check-post where when he was sitting, in order to obtain sample milk from the applicant for analysis as lie suspected it to be adulterated. But the applicant threw down his entire milk contained in the milk container, with the motive to prevent the Food Inspector from taking the sample of milk authorised by the provision of the Act, for purposes of analysis. It was also alleged that with the intention to prevent the Food Inspector from launching a prosecution against him, the applicant instead of disclosing his correct name, gave out his name as Mishrilal. The applicant was, therefore, prosecuted under the provisions of Sec. 17(1)(b) and 16(1)(c) of the Act.

(2.) The learned Addl. Sessions Judge affirmed the finding of the learned Magistrate with the sentence thereunder that the applicant with the motive of preventing the Food Inspector from prosecuting the applicant in exercise of the powers conferred on him by or under the provisions of the Act, deliberately and intentionally did not disclose his correct name and gave out a false name as Mishrilal, against which this revision has been directed.

(3.) The only point for my consideration in this revision is whether giving out a wrong name by the applicant, constitute an offence under Sec. 16(l)(c) or under any other provisions of the Act.