1. This is a reference by the Sessions Judge of Guntur recommending the quashing of the conviction of the accused under Section 34 (6) of the Criminal Tribes Act VI of 1924, Under Section 24 (b) it a member of a registered criminal tribe is found in any place under such circumstances as to satisfy the Court that he was waiting for an opportunity to commit theft or robbery, he shall be punished with imprisonment for a term which may extend to three years etc, All the evidence against the accused is that he was found near a pond and that he had a pair of scissors and a box of matches. I do not think this would in any way amount to an offence under Section 24 (6). As the Sessions Judge has rightly remarked, the facts proved do not make out that the accused was waiting for an opportunity to commit theft or robbery. I, therefore, set aside the conviction and sentence of the accused and direct his immediate release if he has not been already released.