AJIT KUMAR BURMAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This petition, being one under Section 401 read with S. 482 of the Cr. P.C. is directed against the order dated 30-4-1991 passed by Shri A. B. Lahiri, Judge, 1st Special Court, Suri, Birbhum in special Court Case No. 6 of 1988 (G. R. No. 408/82), whereby the petitioner's prayer to quash a pending proceeding under Section 409 of the I.P.C. was refused.

(2.) The petitioner Ajit Kumar Burman was sought to be prosecuted along with co-accused Santosh Kumar Roy on the basis of a F.I.R. dated 5-7-1982 issued for the offence under Section 409 of the I.P.C. The petitioner was a godown keeper of a warehouse of M/s. West Bengal State Warehousing Corporation, wherein fertilisers of different kinds were stored. On 26-6-1981, in course of an internal audit of the Corporation it was detected that a stock of ten metric tons of A.N.P. Fertilizer valued at Rs. 22,000/-, approximately, was shown delivered in the stock ledger without any order for such delivery by the depositor and/or any valid supporting documents authorising actual delivery of such fertilizer from the appropriate authority. It has been alleged that the petitioner taking advantage of fictitious entry made in the stock register wrongfully secreted the said stock by setting up another record of delivery of ten metric tons of A.N.P. Fertilizer, made on 8-12-1979. The said delivery of ten metric tons of fertilizer on 8-12-1979 was actually set off against D. O. No. 08709 dated 8-12-1979 placed at the Warehouse on 10-12-1979 by striking out the entry made on 8-12-1979. It is further alleged that there was a conspiracy behind it and that co-accused Santosh Kumar (not petitioner) entered into the conspiracy and took delivery of the stock as per direction of his employer.

(3.) Since the solitary ground for quashing. the proceeding as raised in the instant revision petition is in exercise of right to a speedy trial granted under Art. 21 of the Constitution of India, it would be primarily relevant to trace out the history of the proceeding through which it has been processed over since the alleged commission of the crime.