K GANESH Vs. STATE

JUDGEMENT

(1.) This appeal is by the appellant and it arises out of the judgment and order of conviction and sentence passed by Sri A.B. Mukherjee the learned Judge, Second Special Court, Alipore, 24-Parganas on 28.11.86 in Special Case No. 2A of 1983. By the judgment and order impugned the learned Judge, Second Special Court, Alipore found the accused K. Ganesh presently the appellant guilty of the offence under section 409 of Indian Penal Code and also under section 5(1C) read with section 5(2) of the Prevention of Corruption Act, convicted him and sentenced him to rigorous imprisonment for three years and fine of Rs. 2,000/- in default to further rigorous imprisonment for two months for the offence under section 409 of Indian Penal Code and further sentenced him to rigorous imprisonment for one year and fine of Rs. 500/- in default to rigorous imprisonment for fifteen days for the offence under section 5(IC) read with section 5(2) of the Prevention of Corruption Act. The learned trial Judge further directed that substantive part of the sentences would run concurrently.

(2.) The facts unfolded in the FIR made by Sri N.K. Mukherjee, Inspector of Police, CBI Special Police Establishment Division, Calcutta on 30.8.82 is that the accused K. Ganesh, Traffic Assistant attached to Air India at Calcutta Air Port misappropriated a sum of Rs. 2896/- in the matter of issue of Air Way Bill No. 098/3030814 dated 30.12.80. The gravamen of the allegation is that on 30.12.80 the said Air Way Bill was issued by the accused K. Ganesh for Rs. 2896/- for despatch of five pieces of personal effects weighing 42.5 kg. from Calcutta to Free Town in the name of Mr. A. Jabbie. The said amount of Rs. 2896/- which was collected as freight for despatch of the said consignment had not been deposited by the said accused K. Ganesh in the Government account and the same was misappropriated by him.

(3.) The information was received from reliable source and on its basis a regular case was started as per order of the Superintendent of Police, CBI, Special Police Establishment, Calcutta. The case was investigated by Sri N.K. Mukherjee, Inspector of Police, CBI, SPE, Calcutta who submitted charge-sheet under section 409/120B of Indian Penal Code and section 5(1C) read with section 5(2) of the Prevention of Corruption Act, 1947 against both the accused Subhasis Chowdhury and K. Ganesh who were attached to Air India at Calcutta Airport at the relevant time.