M R BISWAS Vs. P P TIGGA

JUDGEMENT

(1.) This revision is directed against an order dated 20-9-1976 passed by Additional Sessions Judge, Allahabad acquitting the opposite party in a case under Section 379 IPC.

(2.) At the relevant time (January 1975) the opposite party was employed in the Fort at Allahabad. According to rules, every employee who enters the Fort in connection with his duty, is searched. Everything found on his person is noted in a Register. After duty hours the employees are again searched at the gate of the Fort and then they are allowed to leave for their homes. As per the above rules, on 28-1-1975, at about 4.45 P. M., the opposite party was searched at the Fort gate after duty hours. This search took place in the presence of Capt. Yadvir Singh. The opposite party was found in illegal possession of:

(3.) The opposite party pleaded not guilty and repudiated the truth of the allegations made against him. He alleged that he took active part in Union activities which was not liked by the officers of the Fort and so this false case was trumped up against him.