LAWS(MAD)-1959-10-33

IN RE: NANJAPPAN Vs. STATE

Decided On October 27, 1959
In Re: Nanjappan Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) THE 1st accused has been convicted under Section 26 of the Madras Forest Act and sentenced to pay a fine of Rs. 10. Another accused also was charged as he was alleged to be the master of the 1st accused. The alleged master has been acquitted.

(2.) ACCORDING to the prosecution, the 1st accused is said to have removed 100 cartloads of silt from the tank bed which is said to be poromboke land. The learned Judge finds that according to the evidence what is proved is that the 1st accused removed one cart load, because that is what the witnesses saw on the particular day. The question is whether the removal of one cart load of silt is an offence under Section 26.