NARAYANASWAMI PILLAI Vs. EMPEROR

JUDGEMENT

(1.) The petitioner was according to the prosecution case, found by P. W. 1, the Excise Sub- Inspector, travelling in a bus to Tranquebar carrying 165 tolas of opium which he said one Nayakar had given him at Chidambaram with instructions to meet him at Karaikal, in French Territory and give it to him. It is immaterial whether this statement to the Sub-Inspector is inadmissible because the accused stated the same thing in his written statement. He was first charged Under Section 9(a) and (b), Opium Act, and evidence was recorded. But the charge was subsequently altered to one Under Section 7 read with Section 20, Dangerous Drugs Act. The main contention in the revision petition, is that assuming the prosecution case to be true, this was not an attempt to commit an offence but a mere preparation. The village at which the accused was found in possession of the opium was Tirukadayur. This village is at some distance from Tranquebar to which the bus was proceeding from Mayavaram. Mayavaram, Tirukadayur and Tranquebar are all in British territory. In order to go to Karaikal the accused had to get down at Tranquebar which is six or seven miles from Karaikal.

(2.) The question of what constitutes "attempt" Under Section 511, I. P. C. has been fully set out in Mayne's Commentary, Edn. 4, at p. 933 as follows; Prior to the completion of a crime three stages may be passed through. First, an intention to commit the crime may be conceived. Secondly, preparation may be made for its committal. Thirdly, an attempt may be made to commit it. Of these three stages the mere forming of the intention is not punishable under the Indian Penal Code. Nor is the preparation for an offence indictable. The law will not take notice of an intent without an act.

(3.) Again at p. 940 he states: From the foregoing remarks it will appear, that to constitute an attempt, there must be an intention to commit a particular crime, a commencement of the commission, and an act done towards the commission.