LAMBODAR PANIGRAHI Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE Appellant has been convicted under Section 5(1)(c) read with Section 5(2) of the Prevention of Corruption Act, 1947 (Act II of 1947), hereinafter referred to as the Act, and sentenced to rigorous imprisonment for one year by the Special Judge, Vigilance, Bhubaneswar, on 18 -12 -1971.

(2.) THE Appellant was an Assistant Sub -Registrar under the Government of Orissa, Co -operative Societies. From March, 1964 to June, 1967 he was posted as Secretary,. Regional Cooperative Marketing Society (R.C.M.S.), Jagat singh pur. As such, his duty was to receive cash and goods, disburse money and maintain accounts. He was also in charge of the stock and stores of the said R.C.M.S. at Jagatsinghpur.

(3.) THE prosecution examined 12 witnesses and the defence three. The learned Special Judge negatived the legal plea that the Appellant was not a public servant while working as the Secretary to the R.C.M.S., Jagatsinghpur, and therefore, not amenable to the provisions of the Act. The learned Judge also negatived the plea that the Appellant had not sold the fertilisers from the R.C.M.S. stock and had not received the amount. Hence the conviction.