HANUMANT GOVIND NARGUNDKAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is a consolidated appeal by special leave from the two orders of the High Court of Judicature at Nagpur passed on 9-3-1950 in Cri. Revns. Nos. 152 and 153 of 1949.

(2.) On a complaint filed by the Assistant Inspector-General of Police, Anti-Corruption Department, Nagpur, the appellant in Cri. Appeal No. 56 of 1951 (H. G. Nargundkar, Excise Commissioner, Madhya Pradesh), and the appellant in Cri. Appeal No. 57 of 1951 (R. S. Patel) were tried in the Court of Shri B. K. Chaudhri, Special Magistrate, Nagpur for the offence of conspiracy to secure the contract of Seoni Distillery from April 1947 to March 1951 by forging the tender, Ex. P.3A and for commission of the offences of forgery of the tender (Ex. P. 3A) and of another document, Ex. P-24. The learned Special Magistrate convicted both the appellants on all the three charges. He sentenced R. S. Patel to rigorous imprisonment for one year under each charge and to pay fines of Rs. 2,000, Rs. 2,000 and Rs. 1,000, under the first, second and third charges respectively. The appellant Nargundkar was sentenced to rigorous imprisonment for six months under each charge and to pay fines of Rs. 2,000, Rs. 2,000 and Rs. 1,000, under the first, second, and third charges respectively. Each of the appellants appealed against their respective convictions and sentences to the Court of the Sessions Judge, Nagpur. The learned Sessions Judge quashed the conviction of both the appellants under the first charge of criminal conspiracy under S. 120-B; Penal Code, but maintained the conviction and sentences under S. 465, Penal Code on the charges of forging Ex. P-3 (A) and P-24. Both the appellants went up in revision against this decision to the High Court but without any success. An application was then made under Art. 136, Constitution of India for special leave to appeal and this was allowed by this Court on 24-3-1950.

(3.) The appellant, Nargundkar, is a member of the Central Provinces and Berar Provincial Service and held the substantive post of Deputy Commissioner for several years. In April 1946 he was appointed Excise Commissioner, Madhya Pradesh and continued to hold that office till 5-9-1947.