KING Vs. PARMANAND

JUDGEMENT

(1.) THIS rule was issued by the Criminal Bench salling upon two accused persons, who were discharged by a Magistrate acting under 8. 494, Criminal P. C, and the Deputy Commissioner of Singb.bb.um, to show cause why the Magistrate's order should not be set aside and the prosecution proceeded.

(2.) NOTICE of this rule was given to the Advocate -General in order that the Provincial Government should also have an opportunity of being beard.

(3.) THE police investigation disclosed the following facts: The rice in question was stocked in the godown of Messrs. Tatas at Garabasa for the Rationing Department. On 14th March 1947, the then store keeper, who was the acoused N. K. Ghosh, proceeded on leave, making over charge to the first informant, who took charge without verification of the stock. On the 27th a clerk of the department inspected the stock and discovered that out of 200 bags of rice, 88 were missing. Of the missing 88 bags, one was marked with the figures 2/16 and the remaining 87 with the figures 2/19. these figures representing the weight in maunds and seers. The inspecting officer ascertained that the accused N, K. Ghosh had loaded 88 bags of rice on two trucks on the 14th, and that he was assisted by the aooused Chandi Charan Iche. The trucks belonged to the aooused Parbhu Marwari. The house of Chandi Charan Iche was searched, and 10 empty guny bag3 with the mark 2/19 and one with the mark 2/I6 were found. Iche is the proprietor of a grain shop. The investigating officer examined the coolies who had loaded the two trucks and ascertained that they were driven to the house of Parmanand and the bags stocked there in a godown. This godown was searched on 24th March, but all that was found there were bags of cement and some scattered grains of rice. In consequence of certain confidential information which he received that the stolen rice had been removed to the coal depot of accused Parmanand and Shamlal the investigating officer searched the depot and found 24 bags of rice, of which two be re the mark 2/19. After the search of the coal depot the officer went to the house of Parmanand and found him about to slip away. The officer arrested him, and he then made a statement and took the investigating officer, the Superintendent of Police and the Divisional Inspector to a brick kiln belonging to him, where he pointed out 45 bags of rice 7 of which be re the mark 2/19. The con -elusion which the Superintendent of Police arrived at was that there was a conspiracy in pursuance of which N. K. Ghose and C. C. Iche stole the rice from the Jugselai godown and sold it to Parmanand through a notorious blackmarketeer known as Madan Marwari and his gomasta Parbhu Marwari. Parmanand, however, did not appear personally in the transaction, the rioe being sold to one of his employees.