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The Crown Prosecutor Vs. Mrs. Eliza Rencontre - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported in(1947)2MLJ226
AppellantThe Crown Prosecutor
RespondentMrs. Eliza Rencontre
Excerpt:
- orderlakshmana rao, j.1. the view of the magistrate that clause 6 of the madras firewood rationing order, 1945 is applicable only to authorised dealers in firewood is obviously wrong and the question is whether the cut pieces of the neem tree seized in this case are ' firewood ' within the meaning of clause 2(10) of that order. ' firewood ' as defined in clause 2(10) means all kinds of wood other than twigs not exceeding two inches in circumference ' used as fuel ' and the evidence of p.w. i is that the neem tree was purchased by him for making rafters for constructing a house. the wood seized is not before the court nor is it in evidence that such kind of wood is ordinarily used as fuel. under the circumstances the magistrate was right in holding that the wood seized was not firewood.....
Judgment:
ORDER

Lakshmana Rao, J.

1. The view of the Magistrate that Clause 6 of the Madras Firewood Rationing Order, 1945 is applicable only to authorised dealers in firewood is obviously wrong and the question is whether the cut pieces of the neem tree seized in this case are ' firewood ' within the meaning of Clause 2(10) of that Order. ' Firewood ' as defined in Clause 2(10) means all kinds of wood other than twigs not exceeding two inches in circumference ' used as fuel ' and the evidence of P.W. I is that the neem tree was purchased by him for making rafters for constructing a house. The wood seized is not before the Court nor is it in evidence that such kind of wood is ordinarily used as fuel. Under the circumstances the Magistrate was right in holding that the wood seized was not firewood within the meaning of Clause 2(10) of the Madras Firewood Rationing Order, 1945 and it follows that the order of discharge is correct. The revision is therefore dismissed.


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