JAGANNATH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE applicant has been eonvicted under Section 16 (1) (b) of the Prevention of Food Adulteration Act, 1954, for preventing the Food Inspector from taking sample of milk and sentenced to simple imprisonment for six months and fine of Rs. 1000/ -.

(2.) THE facts found are that on 14-5-1974 when the applicant was taking 5 litres of milk in his kothi for sale, Food Inspector Sharma (P. W. 1) stopped the applicant, as he suspected the milk to be adulterated. The Food Inspector then asked the applicant to accompany him to the Municipal Office for taking sample. After reaching the office, the applicant quietiy bolted away, leaving Ids kothi of milk. This has been found proved from the statement of the Food Inspector duly corroborated by the panch Ramautar (P. W. 2 ). The defence was of denial and that he has been falsely implicated. The applicant further asserted that as his milk was found not adulterated, the Food Inspector asked Mm to go away, and so he left along with his Kothi. The defence has been disbelieved. The Courts below have held that thereby the applicant had prevented the Food Inspector from taking sample and committed offence under Section 16 (1) (b) of The Act, For this purpose reliance has been placed on a single bench decision of this Court in Habib Khan v. State of M. P. 1971 MPLJ 883.

(3.) THE only question to be determined is as to whether by leaving behind the kothi of milk without giving sample, the applicant prevented ike Food Inspector from taking sample.