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1957 Supreme(AP) 276

M. Sambayya – Appellant
Versus
State – Respondent


( 1 ) THE petitioner has been convicted of an offence under section 353, indian Penal Code and has been directed to be released under section 4 (1) of the probation of Offenders Act on his executing a bond for Rs. 500 with two sureties each for a like sum to be of good behaviour and to keep the peace for a period of two years.

( 2 ) THE charge against the petitioner was that he had used criminal force and obstructed the Executive Officer of Giddalur Panchayat Board while the said Officer was inspecting the petitioner s shop at Giddalur on 29th September, 1955. The executive Officer is said to have entered the petitioner s shop and demanded from the petitioner, who is an oil merchant, a sample of the oil for the purpose of ascertaining whether the petitioner had committed an offence under the Prevention of Food Adulteration Act. The petitioner refused to do so on the ground that the executive Officer had no authority to seize the oil and he is further stated to have pushed the Executive Officer aside.

( 3 ) IT is contended by the learned advocate for the petitioner that inasmuch as the Executive Officer of the Panchayat Board had no power to enter the petitioner s shop and seize the




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