GOPAL CHANDRA PAL Vs. TRIPURA ADMINISTRATION

JUDGEMENT

(1.) THE appellant Gopal Paul was convicted by the learned Special Judge under Section 165A, I.P.C. and sentenced to 6 months' rigorous imprisonment. There were two other accused persons Amar Chandra Saha and Bhakta Ranjan Saha who were also charged under the same section. But they were acquitted by the Judge and there is no appeal by the State against the said acquittal.

(2.) THE prosecution case was as follows: In Agartala town ration cards were issued by the authorities for the purchase of rice and flour to the heads of families and they were entitled to draw rations according to the number of family members. In August 1957 the ration cards for Ward Nos. 5 and 7 of the town were checked and it was found that the number of persons drawing rations was in excess of the total population. Hence an order was issued that no rations would be supplied against the ration cards unless they were duly certified. P.W. 1 Khiti Bhusan Datta was appointed as a Food Inspector in August 1957 and he was one of the persons authorised to certify the ration cordss.

(3.) ON 2 -1 -1959 the Public Prosecutor applied to the District Magistrate, Tripura requesting for a supplementary investigation on certain points in the case (Ext. 19) and the District Magistrate permitted P.W. 17 to make the supplementary investigation and accordingly some more witnesses were examined by the Investigating Officer, while the case was pending before the Special Judge, Copies of such statements recorded by the Sub -Inspector or of the documents on which the prosecution relied as a result or the supplementary investigation were not supplied to the defence. The trial of the case started on 27 -1 -1959 and the appellant was convicted on 23 -2 -1959 as stated above. The other two accused were acquitted.