SATYARANJAN PAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THESE revisional applications are for quashing the proceeding being Special Case No. 1 of 1990 under Sections 409/ 120b of the Indian Penal Code pending before the 2nd Special Court at howrah.

(2.) THE facts leading to the instant revisional applications are as follows : one consignment of 5,000 pieces of nonjudicial stamps of denomination Rs. 40/- worth Rs. 2 lakhs was despatched by the Deputy Controller of Central stamp Depot, Indian Security Press, Nasik to the Treasury Officer, Suri birbhum under invoice No. NP-WB-254 and R R NO. PJ 474094 dated 15. 7. 86. The said consignment reached Howrah Railway Station on 20. 9. 86 in a sealed van with seal intact. D. N. Ram, Assistant Parcel Clerk, S. E. Railway, who is petitioner no. 3 in Criminal Revision No. 661 of 1991 unloaded the box containing the stamps and kept the same in parcel strong room for safe custody in presence of R. D. F. Personnel. He,however, issued D. D. Messages to all concerned although the same was not delivered to them to conceal the actual position. Bimalendu Das, Commercial Supervisor, Strong Room - the petitioner No. 1 of Criminal Revision No. 661 of 1991 acknowledged the same from Sri D. N. Ram for safe custody and entered the particulars of the box in the sealed van unloading book. While the box was intact he with a purpose mentioned in the said register that one iron bans1 of the box was torn. On 22. 9. 86 the consignment was despatched to Srui. By P K. Debnath, Assistant parcel Clerk who is petitioner no. 2 in the said Criminal Revision but the Guard guidance Sheet as prepared by Sri Debnath was not in conformity with the physical condition of the box with added entry. When the consignment was e opened at Sure Treasury office the entire stamps were found to be and were replaced by stone slabs, packets of paper, On receipt of information that theft has been committed causing huge loss to the Government, one case being r. C. No. 11/scb/87 Calcutta dated 7. 10,87 was started under Section 379 of Indian Penal Code.

(3.) ANOTHER consignment of Court fees stamp of denomination of Rs. 4 and 5/ worth Rs. 9,60,000/ - was despatched from the Central Stamp Depot, india Security Press, Nasik to asury Officer, Ramporhat under the invoice No. NP-WB-446 dated 4. 9. 00 and PW Bill No PJ-473439 and the said consignment reached Howrah Station in good condition on 16. 9. 86. It was received by A. K. Haldar Assistant Parcel Clerk, who handed over the same to M. R. Bhattacharjee. 'commerercial Supervisor of Eastern Railway, Parcel section, Howrah who in his turn duly entered the particulars of the consignment in the relevant register. Satyaranjan Pal the petitioner in criminal Revision No. 290 of 91 who was Commercial Supervisor, Howrah parcel Strong Room had, however, surreptitiously noted the condition of the box as damaged in the strong room register but did not take any step to intimate the other authorities including the R. P. F. by issue of any message to avoid detection. The said box was despatched to Rampurhat by rail on 22. 9. 87 by R. K. Debnath one of the petitioners in Revisional Case No. 661 of 1991. He wanted to push through the said box with minor defect while the same was found to be a major defect and guard concerned mentioned it in the guard Guidance Sheet prepared by P. K. Debnath. The consignment reached rampurhat Railway Station on 22. 9. 87 but on open delivery the box was found to contain similar types instituted materials as in the other case and the entire stamps were found to be missing. On receipt of an information that theft has been committed in respect of Government property as mentioned above a case under Section 379 of Indian Penal Code being R. C. No. 13/scb/87 Calcutta dated 7. 10. 87 was started.