RAMAN BEHARI ROY Vs. EMPEROR

JUDGEMENT

(1.) This Rule was issued calling upon the Deputy Commissioner of Sylhet to show cause why the conviction of the petitioner and the sentence passed upon him should not be set aside on the ground that, on the facts alleged by the prosecution, no offence under Section 417 of the Indian Penal Code, has been made out. We have heard Mr. Manmatha Nath Mookerjee in support of the Rule, and Mr. Orr on behalf of the Crown, and for the reasons given below, we are of opinion that Mr. Mookerjee's contention must prevail.

(2.) The facts alleged by the prosecution, shortly stated, are as follows : - It is alleged that the accused sent to one Nobin Chunder Chowdhury an insured cover purporting to contain eight Government currency notes of Rs. 100 each. The envelope in question, it appears, was handed over by the accused in person to the Postmaster at the Nilambazar Post Office on the 16th November 1920. The cover was received at the Baliaghata Post Office on the 18 November, 1920, and was delivered to an agent of the said Nobin Chunder Chowdhury. On the addressee opening the envelope, the lame was found to contain a letter advising the despatch of a sum of Rs. 800 and several bits of waste paper. No Government currency notes were found inside the cover. Thereupon the Postmaster of the Baliaghata Post Office was communicated with by the addressee, and the police were also called in.

(3.) These facts have been found to be correct by the learned Sessions Judge and, as stated above, the argument on behalf of the petitioner is that, assuming that these facts are correct, no offence under Section 417, of the Indian Penal Code has been made out.