Present: Hutchinson C.J.   Sept.20,1910

ABDUL v. DIAS.

538, P. C, Galle, 48,885.

Theft-Removal of cattle by licensed cattle Seizer from private land to police station-Wrongful loss-Penal Code, s. 368.

Where a licensed cattle seizer untied a bull from the complainant's garden and took it to the police station, alleging that he found it loose and trespassing on the road,-

Held, that he was guilty of theft, as the removal of the bull for the purpose of causing the owner to pay something which he was not legally bound to pay constituted wrongful loss to the owner.

THE accused-appellant, a licensed cattle seizer, untied a bull from the complainant's garden in the night time and took it to the police station, alleging that he found it loose and trespassing on the road. The Magistrate convicted the accused under section 368 of the Penal Code.

The accused appealed.

A. St. V. Jayewardene, for the appellant.-" Intention to take dishonestly " is a necessary ingredient of the offence of theft. A thing is said to be done dishonestly when it is done with the intention of causing wrongful gain to one person or wrongful loss to another.

It is clear that th