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In Re: Penchul Reddi Kottur - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in9Ind.Cas.567a
AppellantIn Re: Penchul Reddi Kottur
Excerpt:
forest act (mad, act v of 1882), section 21(f) - quarrying in a reserved forest without permit--no dishonest or bad motive--nominal sentence sufficient. - .....the latter's evidence (as defence witness no. 1) that whatever the petitioner did was with his knowledge and support. he says he has been accustomed to allow his contractors to quarry without obtaining permits and to deduct the seignior-age due to the forest department from the contractor's final bills. this he seems to have regarded as quite proper and legal. it is a dangerous system and likely to lead to abuse, but there is no reason to hold that the petitioner was actuated by any dishonest or bad motive.2. the conviction is upheld, but the fine is reduced to rupees five.
Judgment:
ORDER

Ayling, J.

1. The petitioner, undoubtedly, committed an offence under Section 21(f) of the Forest Act by quarrying in a reserved forest without a permit; but under the peculiar circumstances of the case, little more than a nominal sentence was called for, for the petitioner quarried the stone for use in construction of a Chavadi for which he had taken a contract from the minor Irrigation Overseer and it is clear from the latter's evidence (as defence witness No. 1) that whatever the petitioner did was with his knowledge and support. He says he has been accustomed to allow his contractors to quarry without obtaining permits and to deduct the seignior-age due to the Forest department from the contractor's final bills. This he seems to have regarded as quite proper and legal. It is a dangerous system and likely to lead to abuse, but there is no reason to hold that the petitioner was actuated by any dishonest or bad motive.

2. The conviction is upheld, but the fine is reduced to Rupees five.


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