MUNICIPAL COUNCIL JAIPUR Vs. MANGILAL

JUDGEMENT

(1.) THIS is an appeal by the Municipal Council of Jaipur against the appellate order of learned Additional Sessions Judge No. 4, Jaipur City, dated 6-10-69 in a case under sec 16 (1) (b) of the Prevention of Food Adulteration Act, 1954, hereinafter shortly referred as the "act". It raises a short point involving interpretation of the word "prevents" occurring in sec 16 (l) (b) of the Act.

(2.) ON 17-1-68 Shri A. P. Goyal P. W. 1, a Food Inspector of the Municipal Council came across the accused Mangilal who was carrying two barrels of milk on his cycle. The Food Inspector stopped the accused and asked him to sell a sample of milk for testing as the Food Inspector suspected that the milk in two barrels was adulterated. The accused, however, refused to give the sample, in the presence of the Motbirs. The Inspector tried to persuade the accused to give the sample, but he refused so do so but expressed his willingness to be taken wherever the Inspector would like to take him. ON these facts the Food Inspector lodged the complaint against the accused in the court of Municipal Magistrate Fust Class, Jaipur City No. 1. The learned Magistrate convicted the accused for the offence under sec. 16 (l) (b) of the Act and sentenced him to six month rigorous imprisonment with fine of Rs. 1000/-, in default three months further rigorous imprisonment. The accused appealed and the learned Additional Sessions Judge, who heard the appeal, allowed it, he set aside the conviction and sentence and acquitted the accused. The learned Additional Sessions Judge was of the view that a mere refusal to sell the milk for analysis to the Food Inspector was not preventing within the meaning of sec. 16 (1) (b) of the Act and he relied on Bishandas vs. State (l) and State vs. Laljibhai (2) to fortify himself.

(3.) TO our mind, the underlying concept or refusal is the declining to do a certain thing by a person himself, whereas the concept of preventing is to offer hindrance or obstruction of some kind to another so that he may not be able to do the desired thing.