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Queen Empress Vs. Lakshmanna and ors. - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Judge
Reported in(1901)ILR24Mad318
AppellantQueen Empress
RespondentLakshmanna and ors.
Excerpt:
cattle trespass act - act i of 1871, section 24--rescue of cattle after seizure for trespassing on public property-conviction--omission to record finding as to whether locality was public property--legality of conviction. - .....24 of the cattle trespass act can only be supported if the cattle were 'liable to be seized under this act.' if the cattle were not 'liable to be seized' their rescue was no offence, and the fact that the rescuers had a special remedy under section 20 does not affect the matter.2. the cattle were not liable to be seized in this case by the officers of the public works department unless they were trespassing on public property in charge of the officers of the public works department (vide section ii of the act). neither of the magistrates has decided that the land on which the cattle were seized was public property and in charge of the public works department. the conviction must be set aside and the case remanded for disposal by the second-class sheristadar magistrate of nuzvid.....
Judgment:

1. The conviction under Section 24 of the Cattle Trespass Act can only be supported if the cattle were 'liable to be seized under this Act.' If the cattle were not 'liable to be seized' their rescue was no offence, and the fact that the rescuers had a special remedy under Section 20 does not affect the matter.

2. The cattle were not liable to be seized in this case by the officers of the Public Works Department unless they were trespassing on public property in charge of the officers of the Public Works Department (Vide section II of the Act). Neither of the Magistrates has decided that the land on which the cattle were seized was public property and in charge of the Public Works Department. The conviction must be set aside and the case remanded for disposal by the Second-class Sheristadar Magistrate of Nuzvid according to law.


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