LAL SINGH Vs. THE STATE

JUDGEMENT

(1.) THE petitioner Lal Singh who is the consolidation Patwari was tried summarily by the Sub Divisional Magistrate, Muktsar for an offence under sub -section (3) of section 4 of the East Punjab Agricultural Pests, Diseases and Noxious Weeds Act, 1949.

(2.) THE gravamen of the charge against the petitioner was that he was absent from the village on 26th of August, 1962 when it was struck by a locust invasion and the destruction of "happoes" was taking place. Mr. Harbhagwan Singh for the petitioner, says that the petitioner had gone to his home village on leave. Some support is lent to this contention by the gist of the offence which is stated in the order passed by the Sub -Divisional Magistrate. The offence of the petitioner is said to have been :

(3.) (2) Notwithstanding anything contained in this Act, in the event of any area being invaded, or in danger of an invasion, by locusts, the Collector of the district or other; officers authorized by him in this be half may call upon any male person not below the age of 14 years resident in the district to render all possible assistance in carrying out preventive or remedial measures and in the destruction of locusts :