SHEO SAHNI Vs. EMPEROR

JUDGEMENT

(1.) This is an application on behalf of four persons who have been convicted under Section 186, Indian Penal Code, as having voluntarily obstructed a public servant one Ram Bharos, President of the Union Board, in the discharge of his duty, that is to say, to realize the decretal amount of Rs. 25 for which a decree had been passed against Sheo Sahni by a panchayat Court. The President had with him an order in Form 14 for the realization of the decretal amount. He showed this to Sheo Sahni and demanded payment. On refusal he seized a she-buffalo which the petitioners shortly afterwards rescued. It is not clear why the prosecution proceeded under Section 186 and not tinder Section 183, Indian Penal Code, the latter Section being prima facie more appropriate in the case of resistance to the taking of property in execution of a warrant.

(2.) The point taken in revision is that there was no authority for levying distress by seizure of moveable property that is to say, of the buffalo and no offence was committed in resisting an act not warranted by law or in taking back a buffalo not lawfully seized. In order to appreciate the law applicable in this case reference must be made to the Bihar and Orissa Village Administration Act and the rules and forms thereunder. It is not necessary to refer to those portions of the Act which empower a panchayat Court to pass a decree. Section 81 gives power to realize all sums decreed under this Act by a panchayat. They may be realized in the manner prescribed in Secs.34, 35, 36 and 37 for realization of arrears of the tax and subject to the conditions prescribed in those Secs.may be realized by distraint and sale of moveable property. The order of the panchayat for realization of the decretal amount was an order in Form 14 at p. 76 of the Bihar and Orissa Village Administration Manual 1926. This is an order signed by the sir punch and addressed to the President of the Union Board stating, This is to authorise and require you to realize the said sum as an arrear of tax imposed under Section 30, Village Administration Ant of 1922, and on realization to return this warrant with your endorsement certifying that you have realized the said sum.

(3.) That order undoubtedly gave power to the President to demand the decretal sum and to receive it from the judgment-debtor. Under Section 34, payment of the tax is to be made in accordance with rules and the President of the Union Board has a power under this Section in case of default. The power is to cause the chaukidar or any other person authorised in writing by the President or Vice- President to levy by the distraint and sale of moveable property the amount of the arrear.