QUEEN Vs. KABIL MANJI AND OTHERS

JUDGEMENT

(1.) In this case, Mr. Beaufort, the Judge of the 24-Pergunnahs, has sent up a conviction of three manjis, for having obstructed the line of navigation in the new canal, opposite Sura bazaar. The conviction was under Section 16 of Act V of 1864 of the Bengal Council. That section enacts, that any person who shall willfully cause or shall aid in causing any obstruction to any line of navigation, or who shall willfully omit to remove such obstruction after being requested so to do, shall be punished, on conviction before a Magistrate, with simple imprisonment, which may extend to one month, and shall also be liable to fine, &c. Mr. Beaufort, upon a petition being presented to him, called for the record of the proceedings, and has sent up that record to this Court, in order that it may be revised; and the Court, therefore, has revised it under the provisions of Section 404 of the Code of Criminal Procedure.

(2.) There does not appear to have been any summons to these persons, nor any warrant for their arrest, nor is there a record of any charge having been drawn up; but the manjis were arrested without warrant and brought before Mr. Galiffe. If there had been a summons, it must, according to the form annexed to the schedule to the Code of Criminal Procedure, have stated shortly the offence charged, and the party would have been summoned to answer it. If the parties had been arrested under a warrant, the warrant would, in like manner, have stated the offence. It is not necessary here to enquire under what authority of law these parties were arrested without warrant. I merely refer to the absence of a summons or warrant to show that there was no charge in writing which the manjis were called on to answer.

(3.) The record commences with the evidence of Mr. Milwrick, who says that, on the 25th, at 3 P.M., whilst on rounds at Chingrighatta, he found three boats laden with wood tied to trees on the east side of the new canal, opposite Sura bazaar, and thus obstructing and endangering the navigation of the canal. It was flood tide, and the traffic was very great. These boats were tied by one rope by their heads to trees, the stern across stream; that he had these boats removed to Raja's Khal, and arrested the three manjis named.