GANDHARVA JENA Vs. STATE

JUDGEMENT

(1.) THE Petitioner has been convicted under Section 188, Indian Penal Code and sentenced to pay a fine of Rs. 100 / - in default to undergo S.T. for one month.

(2.) THE Petitioner was prosecuted for having refused to get himself inoculated against small -pox and thus contravening the provisions of Notification No. 10541 -H dated 2 -7 -1960 issued by the Government of Orissa in Health Department, and the Regulations made in exercise of the powers conferred on them by Section 2(1) of the Epidemic Diseases Act, 1897. Clauses 7 and 8 of the said Regulations are relevant for the present application. Clause 7 says that every person, the parent or guardian of every minor child or the husband of a wife, residing within the limits of the areas to which the Regulations apply, shall when directed by the District Health Officer (Municipal Health Officer or any person authorised by him in his behalf, submit himself herself the minor child or the wife as the case may be, for vaccination against small -pox forthwith, unless such person, parent or guardian or husband proves to the satisfaction of the said officer or the person duly authorised by him on his behalf that he or the minor child or minor wife was successfully vaccinated against small -pox within a period of two years from the date of such direction, or had an attack of small -pox within the said period. Clause (8) says that a person who fails to submit himself herself, the minor child or minor wife as the case may be, for vaccine then demanded or refuses to give his correct address or gives an address which appears to the officer on duty to be incorrect, doubtful or suspicious shall be handed over to Police for producing him or her before a trying Magistrate. Under Clause 12 the disobedience of the above provisions is punishable under Section 188 Indian Penal Code.

(3.) THE Petitioner was summoned and appeared before a Magistrate, 1st Class on 27 -3 -1965 when the Magistrate explained to the Petitioner the substance of the accusations made against him and he pleaded guilty. Thereafter the Magistrate convicted him under Section 188, Indian Penal Code and sentenced him as hereinbefore stated.