JAYMONGAL SINGH Vs. STATE

JUDGEMENT

(1.) The petitioner, Joy Mongal Singh, who was admittedly the postal peon attached to the Kali-ghat P.O., between the 21st of March, 1953, and the 1st of April, 1953, was tried on two charges under section 52 of the Indian Post Office Act with the help of a common jury and convicted on both the counts on the unanimous verdict of the jury and sentenced to 6 months' rigorous imprisonment on each count, the two sentences being concurrent. An appeal from his convictions and sentences was summarily dismissed.

(2.) The case for the prosecution briefly is that on the morning of the 6th of April, 1953, a large number of litters and other postal articles was found lying in a small room under the si airs of Premises No. 137, Lansdowne Road, occupied by Mrs. Latika Ghosh. None of these letters and postal articles had been addressed to her. On seeing these letters she called a neighbour of hers, namely, Sri N. K. Ghosh, a Municipal Magistrate, Calcutta, and showed him the postal articles. This gentleman rang up the Kalighat P.O., about the matter. The post-master deputed an overseer to bring in these letters, etc. These letters, etc., were then entered in a list and delivered to the addressees with a request to them that they should return the covets to the post office in order to facilitate an enquiry. All these letters which were, found at 137, Lansdowne Road had been addressed to different places within the delivery area of beat No. 16 of Kalighat P.O., and it is the prosecution case that from the 21st of March, 1953, upto the 1st of April, 1953, the petitioner was the postman in-charge of that beat, specially for the first three deliveries of each day, namely, at 7-30 A m., 12-30 p.m., and 2-30 P.M. An Ins editor of post offices held an enquiry on the 9th of April, 1953. The petitioner wrote out a statement in the form of an explanation. This explanation of the petitioner is Ex. 11. It was not till the 15th of June, 1953, that an information was sent to the police. In that information it was not stated that the petitioner had committed any offence or offences under section 52 of the Indian Post Office Act by secreting the postal articles in question but what was stated was that he was suspected to have been responsible for the non-delivery of the articles. The petitioner however, is said to have made himself scarce and it was not till the 5th of Nov., 1953, that, according to the prosecution, he could be traced. On that date he was produced at the thana by the Inspector of post offices and he was put under arrest. A formal first information report was drawn up on the 15th of Dec., 1953, more than a month after the actual production of the petitioner. Then after a preliminary enquiry he was committed to the Court of Sessions.

(3.) He was actually charged on two counts in respect of three letters, namely, Ex. 7B, Ex. 9 and Ex. 8B. The first formed the subject-matter of the 1st charge, the 2nd and the 3rd the subject-matter of the 2nd charge. Ex. 7B is addressed to 9B, Monohar Pukur Road and bears the postal seal of Kalighat, P. O., the hour of delivery being 2-30 P.M. and it is dated the 27th March, 1953. Ex. 9 is addressed to 102/3, Hazra Road and bears the delivery seal of the Kalighat P.O., the time being 7-30 a.m., and the date the 30th March, 1953. Ex. 8B is addressed to 109/34, Hazra Road and bears the delivery seal of the Kalighat P.O., the time of delivery 7-30 a.m., and its date 30th March, 1953. These three letters were amongst the numerous letters and other postal articles found at 137, Lansdowne Road on the morning of the 6th of April, 1953.