Case Note & Summary
The case involved an appeal by the appellant against his conviction under Section 16(1)(c) of the Prevention of Food Adulteration Act, 1954 for preventing a Food Inspector from taking a sample of dhania from his grocery shop. The incident occurred on August 27, 1976, when the Food Inspector visited the appellant's shop and demanded a sample. The appellant left the shop under the pretext of passing urine and did not return for about one and a half hours, during which the Food Inspector and accompanying officials waited. The trial court convicted the appellant, and this conviction was upheld by the Additional Sessions Judge and later by the Punjab and Haryana High Court. The appellant contended that mere disappearance did not amount to prevention of the Food Inspector from taking a sample. The Supreme Court dismissed the appeal, affirming that the appellant's actions constituted prevention as per the provisions of the Act, and no additional overt act was necessary to establish the offence. The court referenced previous judgments that supported this interpretation, confirming the conviction and sentence of six months' rigorous imprisonment and a fine of Rs. 1,000.
Headnote
A) Criminal Law - Prevention of Food Inspector - Disappearance from shop - Appellant's act of leaving the shop prevented the Food Inspector from taking a sample - Prevention of Food Adulteration Act, 1954, Section 16(1)(c) - The appellant's disappearance after the sample was demanded constituted an offence under the Act, as no other overt act is necessary to establish prevention. Held that the conviction was justified (Paras 1-2).
Issue of Consideration
Whether the appellant's disappearance from the shop constituted prevention of the Food Inspector from taking a sample.
Final Decision
The Supreme Court dismissed the appeal, affirming the conviction and sentence of six months' rigorous imprisonment and a fine of Rs. 1,000 under Section 16(1)(c) of the Prevention of Food Adulteration Act, 1954.
Law Points
- Prevention of Food Adulteration
- Food Inspector's powers
- Prevention of sample taking
- Criminal Procedure Code
