PUBLIC PROSECUTOR Vs. NATESA PILLAI

JUDGEMENT

(1.) This is an appeal by the Provincial Government against the acquittal of the respondent of an offence under Section 25, Clause (2)(b) of the Emigration Act.

(2.) The respondent is the proprietor of M.S. Natesa Pillai Company, Cigar Manufacturers, Trichinopoly and the undisputed facts are that on 2nd July, 1937, ten persons described as cigar workmen went to P.W. 4, the clerk of the forwarding agents of Natesa Pillai Company at Negapatam with Ex. C the letter written under the orders of the respondent requesting the forwarding agents to make the workers start comfortably to Klang to which they were bound. It appears from the letter that a sum of Rs. 250 had been sent to the forwarding agents the previous day though it is also mentioned that the workmen were bringing with them money for their steamer fare and expenses, and P.W. 4 arranged with the deck passenger broker for tickets. The requirements of Section 16 of the Emigration Act were not complied with and the workmen were detected and questioned at the wharf. It transpired that they were assisted by the forwarding agents at the request of the respondent and Ex. C the letter came to light. The respondent had infringed the provisions of the Act previously and by Ex. D the memorandum, an explanation was demanded from him. Ex. D-1 the reply was received and it was alleged that the workmen requested the respondent to send them to his shop at Klang. They were told that hands were not needed but they persisted saying that they would go at their own expense and work in his shop if work was found or in other shops, and begged him to write to his agents to help them to secure tickets. So he wrote Ex. C the letter to the forwarding agents and they arranged for the tickets.

(3.) The prosecution of the respondent under Section 25, Clause (2)(b) of the Emigration Act was sanctioned in due course by the Protector of Emigrants, and the case was restricted during the trial to three of the workmen, namely, Periyanayagam, Paramasivan and Manickam. The respondent pleaded that Ex. C was written by his manager without his consent or knowledge, and denied having assisted or attempted to assist the workmen to emigrate. He pleaded further that those workmen were emigrants as defined in Section 2, Clause (1)(b) of the Emigration Act and Periyanayagam as his sole witness supported him. But the defence case was disbelieved by the Sub-Divisional Magistrate and the respondent was sentenced under Section 25, Clause (2)(b) of the Act to pay a fine of Rs. 100 with simple imprisonment for three months in default. An appeal was taken to the Sessions Judge, and he too disbelieved the case of the respondent that the workmen were emigrants as defined in Section 2, Clause (1)(b) of the Act and that Ex. C was not written at his instance. The Sessions Judge further held that the workmen wanted to depart by sea out of British India for the purpose of and with the intention of working for the respondent but acquitted him because there was no evidence of an agreement between the parties and the respondent cannot consequently be said to have assisted them to emigrate contrary to the provisions of the Emigration Act.