KRISHAN KUMAR Vs. STATE

JUDGEMENT

(1.) This is an appeal by Krishan Kumar who has been convicted by a Special Judge at Delhi under Section 5(2) of the Prevention of Corruption Act and sentenced to one and a hall years' rigorous imprisonment.

(2.) At a somewhat late stage, after the arguments on the merits of the case had been heard at length a legal objection has been raised to the trial, namely that provisions of Section 5(4) of the Act had not been complied with as regards the investigation of the case. Sub-section (4) reads -

(3.) Briefly the case against the appellant is that in his capacity as an Assistant Store Keeper working in the Central Tractor Organization at Delhi he misappropriated almost the whole of a consignment of iron and steel goods despatched by rail to Delhi for the Central Tractor Organization. He is alleged to have taken delivery of this consignment at the Railway Goods Depot at Delhi on the 2nd of October, 1950 and to have misappropriated large portions of it on the 2nd and 3rd of October. The matter came to light on the 7th of October, 1950 when the accused was arrested and a case was registered against him by the Police on the report of the Director of Administration of the C.T.O. under Sections 409 and 420, Indian Penal Code. It was admitted by the Sub-Inspector who registered the case and investigated it in the witness-box that no permission had been obtained from any Magistrate for investigating the case against the accused.