ADWAIT KUMAR DAS Vs. STATE

JUDGEMENT

(1.) Appellant Adwait Kumar Das was convicted under Section 409, Penal Code, and sentenced to undergo rigorous imprisonment for three months and to pay a fine of Rs. 100.00, in default, to undergo rigorous imprisonment for another fortnight

(2.) The appellant was the registration cleric at counter No. II of Alipore Post Office from 24/10/1952 to 28/4/1953. Sometime before 28/4/1953, Postal Inspector P. W. 1, Nitish Chandra Bose, happened to inspect at the R.M.S. office some covers of the Alipore Post Office. His view was that some of the registered articles arid V. P. parcels emanating from the Alipore Post Office contained previously used stamps. Upon enquiry, it was learnt that the stamps in question had been issued by the appellant. The matter was reported to the Post Master General and under his direction P. W. 1, Nitish Chandra Bose and another official paid a surprise visit to Alipore Post Office at 11 a.m. on 28/4/1953. Later that day, at about 3 p.m. the appellant was in fact caught red-handed while affixing a previously used stamp on a cover. As the registration clerk, the appellant was given a permanent advance of Rs. 50.00 for purchase of stamps. This advance, according to evidence, was to remain with the registration clerk until he was succeeded by another clerk. According to evidence, a Postal Supervisor should occasionally check this advance. As a result of a check, shortly after the appellant was caught affixing a previously used stamp, only a sum of Rs. 30/5/- was found with the appellant. There was thus a shortage of Rs. 19/11/. As to this shortage, the appellant was unable to give any satisfactory explanation.

(3.) The appellant's defence was that there was no shortage of stamps advance money during the period in question and that he was wholly innocent of the charge.