JEYAPONRAJ Vs. STATE

JUDGEMENT

(1.) This Criminal Original Petition has been filed to quash the proceedings in P.R.C.No.9 of 2018 on the file of the Judicial Magistrate Court No.I, Tuticorin, Tuticorin District.

(2.) The case of the prosecution is that on 11.05.2018, the petitioners 2 to 5 had cut eight trees, namely, five neem trees, two Vadhamadakki trees and one Kodukaypuli tree, worth about Rs.10,000/- at the instigation of the first petitioner, who is the resident of Jebathiyapuram Village and holding the post of Secretary of Peikulam Landlords Agricultural Development Association and thereby, committed the offence. Hence, a case has been registered against the petitioners and after completion of investigation, the Law Enforcing Agency filed a charge sheet against them, against which, they filed the present Criminal Original Petition.

(3.) The learned counsel appearing for the petitioners submitted that in the absence of mens rea, a person cannot be penalized for contravention of Section 3(1) of the Tamil Nadu Property (Prevention of Damage and Loss) Act, 1992. The mens rea can be established either by direct evidence or by drawing inference from the established facts and circumstances of the case. In this case, none of the witnesses has spoken about the guilty intention of the petitioners. The learned counsel further submitted that the object of TNPPDL Act makes it very clear that to prevent damage or loss caused to any property during political party agitations or ethnic agitations, demonstration or other activities, the liability has to be fixed on such groups. The object itself is to compensate the loss of the private and public properties for the damage caused by the said groups. In view of the said object, no offence is taken place in this case. Further, the petitioners have paid the compensation amount as assessed by the Tahsildar. Hence, the charge sheet is liable to be quashed.