SAGAR SINGH Vs. STATE

JUDGEMENT

(1.) THIS is a petition under section 561 -A of the Code of Criminal Procedure for the expunction of certain remarks made by the Magistrate 1st Class, Batala, against Sagar Singh petitioner.

(2.) ONE Jagir Singh was prosecuted under sections 419/109, Indian Penal Code, and 465, Indian Penal Code, for having fraudulently obtained a permit for four bags of fertilizer for Hazara Singh. According to the prosecution, taccavi loans were given to the villagers for the purchase of fertilizer and Hazara Singh made an application for the grant of such a permit. The cultivator had to get his requirement verified through the Halqa Patwari and submit it to the officer who granted the permit. The permit was then taken to a depot -holder who was to distribute the fertilizer in accordance therewith. Balwant Singh, the Panchayat officer, Batala, was appointed by the Government to issue permits in the year 1957. Hazara Singh son of Phagi of Bhalewal made of application (Exhibit P.A.) before the Panchayat Officer for the grant of this fertilizer taccavi. Jagir Singh accused identified Hazara Singh before the Panchayat Officer who gave the permit. After the permit was obtained the fertilizer bags were handed over to him by Sagar Singh. Manager Batala Co -operative Commission shop. Before Sagar Singh, also Jagir Singh made the identification of Hazara Singh. According to the prosecution, Hazara Singh made a fictitious claim and was not actually qualified for the taccavi fertilizer and Jagir Singh had wrongfully identified him. The case was at first tried by Shri Ahahd who found the accused guilty by his order of 13th of May, 1959. Sagar Singh had appeared as a witness before, him. An appeal was taken to the Sessions Judge who remanded the case for retrial, on retrial the case was entrusted to Mr. Y.K. Jain, Magistrate, who recorded the evidence including the statement of the petitioner as P.W. 8. Mr. Jain was succeeded by Shri R.S. Das, who wrote the judgment on 30th of May, 1960. The accused was convicted and awarded a sentence of three months' rigorous imprisonment under section 419/184, Indian Penal Code, and to a similar term under section 465, Indian Penal Code, both sentences to run concurrently.

(3.) BEFORE dealing with the remarks which are sought to be expunged, it would be well to observe that the petitioner Sagar Singh who appeared as P.W.8, was not under any duty to see whether the person presenting the permit for delivery of the fertilizer was the one to whom the permit was actually issued or to verify that he was the person to whom it could have been issued. No rule has been cited that any duty was cast upon Sagar Singh to ascertain the validity of the permit. On the other hand, it has been contended by the counsel for Sagar Singh that the permit on presentation had simply to be honored by the delivery of fertilizer and it was only by way of abundant caution that the petitioner got Jagir Singh accused to identify Hazara Singh again before making the delivery of the fortilizer on the presentation of the permit which had been earlier issued to him by the Panchayat Officer.