KRISHAN KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal by special leave is brought against the judgement and order of the High Court of the Punjab confirming the order of conviction of the appellant under S. 5 (1) (c ) of the Prevention of Corruption Act (2 of 1947) (hereinafter referred to as the Act). The High Court reduced the sentence of the appellant to nine months' rigorous imprisonment.

(2.) The appellant was employed as an Assistant Store Keeper in the Central Tractor Organization at Delhi and amongst other duties his duty was the taking of delivery of consignment of goods received by rail for Central Tractor Organization and in that capacity he is alleged to have misappropriated a major portion of a wagon load of iron and steel weighing about 500 Mds. Received at Delhi Railway Station from the Tata Iron and Steel Co., Tatanagar under Railway Receipt No. 039967 dated August 12, 1950. This consignment of goods was taken delivery of on October 2, 1950, at the Lahori Gate Depot. The consignment had been lying at the Railway depot for a considerable time and the Central Tractor Organization was, before taking the delivery, making efforts to have the wharfage and demurrage charges reduced but it only succeeded in getting a reduction of Rs. 100. The appellant paid Rs. 2332/4 for demurrage by means of credit notes P.N. and P.O. on October 2, and on the following day he paid a further sum of Rs. 57/3 by a credit note P.Q. The prosecution case was that this consignment never reached the Central Tractor Organization and that the appellant had removed these goods and had misappropriated them. He was absent from work after October 4, 1950, on the alleged ground of illness but he was sent for on October 7, and appeared before the Director of Administrator Mr. F.C. Gora and he gave an explanation that he (the appellant) had lost the Railway Receipt along with another Railway Receipt and blank credit notes which had been signed by the Petrol and Transport Officer. He also stated that he did not know that the goods covered by that Railway Receipt had been cleared. After this explanation the appellant was handed over to the police and a case was registered against him at the instance of Mr. F.C. Gora on October 7, 1950.

(3.) On the following day, that is, October 8, 1950, the appellant made a statement to Sub-Inspector Sumer Shah Singh that he had given the goods to Gurbachan Singh who was traced and in the presence of this Sub-Inspector who was not in uniform at the time Gurbachan Singh handed over Rs. 200 to the appellant which the Sub-Inspector took possession of and then Gurbachan Singh took the party which consisted of the Sub-Inspector, Dharam Vir of the Central Tractor Organization and witness Kartar Singh to the premises of Amar Singh at Motia Khan where iron and steel goods were seized and recovery memos prepared. Of the goods covered by the consignment, seven packages were later recovered from the Lahori Gate Goods Depot.