NAGENDRA NATH DATTA CHOUDHURY Vs. THE STATE

JUDGEMENT

(1.) THIS reference is from the Additional Deputy Commissioner of United Khasi -Jaintia Hills in connexion with the prosecution of accused Nagendra Nath Datta Choudhury in G. B. Case No. 49 of 1954 of the Magistrate's Court at Shillong. The case for the prosecution is that while the accused was serving as an Accountant in the Pasteur Institute at Shillong in the year 1949 had misappropriated a sum of Rs. 430/ - which represented the fund of the Pasteur Institute.

(2.) IN view of the several decisions of the Supreme Court, it now appears that the sanction is essential in the circumstances of the case for prosecution of a public servant for criminal breach of trust in his capacity as such. The learned senior Government Advocate appearing for the State does not oppose the reference.