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PATNA HIGH COURT
Ramratna Singh and Anwar Ahmad JJ.
Shyam Bahadur Koeri
Versus
State Of Bihar
Criminal Revision No. 244 of 1965 ;
Decided On : SEPTEMBER 20, 1965
TREASURE TROVE ACT, 1878 - SEC. 3, 4, 5, 6, 7, 8, 9, 11, 12, 15, 16, 17, 18, 19, 20, 21 - TREASURE - DISCOVERY - OWNERSHIP - FINDER - ABETMENT - PROSECUTION - VESTING IN STATE - INTERPRETATION OF STATUTE - LEGAL PRINCIPLES.
Fact of the Case:
A 7-year-old boy, Shyam Bahadur, discovered a broken golden disc while grazing cattle in a field. The disc was found to be an old one, weighing more than 28 tolas. The police recovered 5 broken pieces of the disc from Shyam Bahadur's mother, who had taken possession of it. The Collector ordered the prosecution of the petitioners, including Shyam Bahadur, his mother, and the owner of the land where the disc was found, under various provisions of the Indian Treasure Trove Act, 1878.
Finding of the Court:
The court held that the disc was a treasure as contemplated by the Act, as it was concealed in the soil and the owner was unknown. However, the court found that there was no evidence to suggest that any of the petitioners had committed any offence under the Act. The court also held that the Collector's order vesting the shares of the finder and the owner of the land in the State was not justified, as the identity of the land where the disc was found had not been proved.
Issues: 1. Whether the disc was a treasure as defined in the Indian Treasure Trove Act, 1878? 2. Whether the petitioners were liable to be prosecuted under the Act? 3. Whether the Collector's order vesting the shares of the finder and the owner of the land in the State was justified?
Ratio Decidendi: 1. The court held that the disc was a treasure as defined in the Act, as it was concealed in the soil and the owner was unknown. The court relied on the definition of treasure in Section 3 of the Act, which states that treasure means "anything of any value hidden in soil, or anything affixed thereto". 2. The court found that there was no evidence to suggest that any of the petitioners had committed any offence under the Act. The court noted that Shyam Bahadur was a child under the age of 7 years and was therefore protected by Section 82 of the Penal Code. The court also found that there was no evidence that Shyam Bahadur's mother knew about the disc before it was discovered, or that she had abetted the commission of any offence by Shyam Bahadur. The court further found that there was no evidence to suggest that the owner of the land, Ram Chandra Choudhury, had failed to report the find to the Collector within two months of the date of the finding, as required by Section 21 of the Act. 3. The court held that the Collector's order vesting the shares of the finder and the owner of the land in the State was not justified, as the identity of the land where the disc was found had not been proved. The court noted that the evidence on record was not sufficient to show in whose land the disc was hidden and from whose land it was discovered.
Final Decision: The court allowed the application and set aside the Collector's order directing the prosecution of the petitioners. The court also held that the Collector's order vesting the shares of the finder and the owner of the land in the State was not justified.
Ramratna Singh, J.
1. This application is directed against an order of the Collector of Saran, dated the 9th February, 1966, directing the prosecution of the petitioners under certain provisions of the Indian Treasure Trove Act, 1878 (hereinafter to be referred to as the Act).
2. On the 5th April, 1960, some boys and girls were grazing cattle in a chaur (parti paddy land) and petitioner No. 1, Shyam Bahadur Koeri, aged about 7 years, was one of those boys. He came across some thing looking like gold and he is said to have dug the soil with a stick used for tending cattle and discovered a golden disc or plate. Thereafter, some of the graziers began to play with the disc with their sticks and it was broken. Sheosakal Bhar, an older boy, who was also grazing his cattle nearby, took away the disc from Shyam Bahdur, who went home and reported the matter to his mother, who is petitioner No. 2. She came to the field and took the disc from Sheosakal and got it tested by some goldsmith who reported the same to be made of gold. The Village Choukidar came to know about the same and informed about it to the Sub-Inspector of Guthani Police Station who came to the village on the 7th April, 1963, and recovered 5 broken pieces of the disc weighing 14 tolas and odd from petitioner No. 2. He seized the same and reported the matter to the Superintendent of Police who ultimately reported it to the Collector. It may be mentioned here that the 5 pieces, which were recovered by the police, could make only one half of the disc, and, therefore, the whole disc would have weighed 28 tolas and odd. The remaining portion of the disc was however, not traced.
3. The Collector examined one of the cowboys namely, Gotiri Shanker, who said that Shyam Bahadur found the disc after duggiug it from the earth. Witness Gulbadani, a girl grazing a cow did not see Shyam Bahadur actually digging out the disc from the ground but she saw it only after Shyam Bahadur had brought it from the chour. The other graziers and one Rajmangal Tiwary, who according to Gouri Shanker, was passing that way and who had seen the broken disc, were not examined. The other witnesses are the chaukidar, a blacksmith, a goldsmith and the Police Sub-Inspector. It appears that the disc weighing more than 28 tolas, must be an old one and it could not have been made in 1960 or thereabout If such a heavy disc were on the surface of the soil and visible to all then it is very probable that some passer by would have got it much earlier and there would have been no occasion for Shyam Bahadur to discover it. It is, therefore, very likely that this disc has been concealed by some body--probably a thief in order to dupe his companions--in the field, but he himself missed the track and ultimately on account of cattle grazing there, some portion of the earth was removed and a portion of the disc became visible and then Shyam Bahadur dug it out with his stick which he had taken for tending his cattle.
4. Mr. Tarakant Jha, who appears for the petitioners submitted that the provisions of the Act do not apply to the disc in question inasmuch as it was not a treasure as contemplated in Sec.3 thereof. According to this section treasure means "anything of any value hidden in soil, or anything affixed thereto". Sec. 4 requires the finder of any treasure exceeding in amount or value ten rupees, to give to the Collector a notice in writing of the date of the finding and other details thereof, and either to deposit the treasure in the nearest Government Treasury or give the Collector such security as the Collector thinks fit to produce the treasure at such time and place as he may from time to time require. On receipt of the notice, or, according to the amendment by Bihar Act 22 of 1947, on information from any other source, the Collector shall, under Section 5 make enquiries after publishing a notification, including a special notice to the owner of the place where the treasure was discovered. If the owner of
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