BAIDYANATH CHANDA Vs. STATE

JUDGEMENT

(1.) The only question in this Rule is whether the alleged offence under Section 420, Penal Code, said to have been committed by Baidyanath Chandra is triable by a Special Court under the provisions of Act 12 of 1952.

(2.) The prosecution case is that Baidyanath who supplied between 3rd and 7th October 1951 a quantity of 1361 bags (2272 maunds) of dhenki rice to the Government procurement go-down at Sainthia, submitted bills claiming the procurement price as well as appropriate bonus in respect of stocks so delivered. It is alleged that Baidyanath in fact supplied this quantity of rice from old stocks purchased prior to the date with effect from which bonus was payable, and had thus to pay no bonus money to any one. The real allegation on which Baidyanath is said to have committed an offence under Section 420, Penal Code, is that by making a false representation that he had obtained this quantity of rice between the 3rd and 7th October 1951, Baidyanath induced Government to pay to him certain amounts on account of bonus.

(3.) It is contended on behalf of the accused that the offence thus alleged was an offence punishable Under Section 420, Penal Code, committed by a person dealing with property belonging to Government as agent of Government while purporting to act as such agent. If this contention be correct the offence would fall within item 3 of the new schedule of the West Bengal Act 12 of 1952 and would consequently be triable under Section 4 of the principal Act, by the Special Courts only.