Police Sergeant Hambantota V. Simon Silva

1939 Present: Soertsz A. C. J.

POLICE SERGEANT, HAMBANTOTA v. SIMON SILVA.

356-M. C. Hambantota 5,587.

Obstructing public servant-What constitutes voluntary obstruction-Physical force unnecessary-Penal Code, s. 183 (Cap. 15).

A threat used to prevent an officer from performing his duty would amount to voluntary obstruction within the meaning of section 183 of the Penal Code.

Whether force is used or not, there is voluntary obstruction when that is done which can reasonably be regarded as hindering or being likely to deter an officer from discharging his duty.

Fernando v. Alim Marikar (1 C. A. C. 173) and Hendrick v. Kirihamy (12 N. L. R. 28) referred to.

APPEAL from a conviction by the Magistrate of Hambantota.

M. M. K. Subramaniam (with him C. J. Seneviratne), for the accused, appellant.

D. Jansze, C. C., for the plaintiff, respondent.

Cur. adv. vult.

July 24, 1939. SOERTSZ A. C. J. -

The charge preferred against the accused-appellant was that he ?did ....on April 11, 1939, voluntarily obstruct a public servant, to wit ....examiner of weights and measures, in the discharge of his duties and thereby commi

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