EMPEROR Vs. OSMAN CHOTANI

JUDGEMENT

(1.) THIS is a revision application raising a point of some general importance.

(2.) THREE persons are being charged with the offence of cheating, the general nature of the case alleged against them being that accused Nos. 1 and 2 having purchased steel of an inferior quality at a cheap price in the bazaar, resold it through the instrumentality of accused No.3 to a Government Department at a greatly enhanced price, falsely representing the steel to be of a superior quality.

(3.) THEN Sub-section (2) provides that if a public servant discloses any particulars contained in any such statement, return, accounts, documents, evidence, affidavit, deposition or record, he shall be punishable with imprisonment or fine. The section does not in so many words say that the public officer is prohibited from producing any such document as is specified, but it is obvious that, as the production is made punishable as an offence, there is an implied prohibition against its production by a public servant.