Veerasingham V. Meenatchy

1941 Present: Soertsz.J 

VEERASINGHAM v. MEENATCHY.

462-M. C. Jaffna, 15,264.

Public Servant-Surveyor employed by Fiscal obscuration to surrey -Motive of obstruction-Penal Code, s. 183.

A surveyor employed by the Fiscal to prepare a plan for the purpose of executing a Fiscal's conveyance in terms of section 286 of the Civil Procedure Code is a Public Servant within the meaning of section 183 of the Penal Code.

For the purpose of a conviction under the section the motive of the person obstructing is immaterial.

APPEAL from a conviction by the Magistrate of Jaffna.

P. Navaratnarajah, for the complainant, appellant.

M. Balasunderam, for the accused, respondent.

Cur. adv. vult.

November 13, 1941. SOERTSZ J.

This is an appeal, sanctioned by the Attorney-General, from an order made by the Magistrate of the Jaffna Court acquitting a person charged under section 183 of the Penal Code with obstruction to a public servant in the discharge of his public functions. The person obstructed was a

licensed surveyor. The occasion on which the obstruction took place was when on December 9, 1940, this officer went to survey a land which b

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