STATE OF ORISSA Vs. SAHADEV NAIK

JUDGEMENT

(1.) This is an appeal by the State against the order dated 30th September, 1986 passed by learned J. M. F. C., Jagatsinghpur acquitting the accused-respondent from charge under S. 408 of the Indian Penal Code (in short, 'IPC') in G. R. Case No. 462 of 1975 (Trial No. 36 of 1986).

(2.) Allegation of the prosecution in brief is that the respondent while working as Secretary, Ichhapur Service Co-operative Society from 1-7-1974 to 30-7-1975 committed criminal misappropriation in respect of fertilizer stock worth Rs.72,268.85 paise and also adulterated 84 bags of fertilizers by mixing foreign materials with the fertilizers. Basing on the allegations and materials learned trial Court framed charge against the respondent under S. 408 of the I. P. C.

(3.) The plea of the respondent-accused is one of complete denial and false implication.