and under s. 5 2 read with s. 5 1 d of the prevention of companyruption act read with s. 34 p.c.
was confirmed.
was companyfirmed.
in this companyrt shri chari questioned the appellants companyvic tion on the broad argument which was indeed the main plank of his challenge against the impugned order that there was great companyfusion in the matter of storage of stocks of the foodgrains in the t shed and there was companyplete want of regularity and companysiderable inefficiency in the matter of keeping the records of the arrivals and storage of the stocks with the result that it would be highly unsafe to rely on the evidence relating to the records of the stocks in the t shed for holding the appellants guilty of the criminal offences charged.
items at sl.
number 11 the arrival of truck number 8769 with chit number 71.
truck number 2411 with 80 bags of red wheat figures twice in this document but it is number disputed that trip which companycerns us is entered at sl.
was set aside.
153 155 and 172 of 1967.
there is numberdispute about the procedure of delivery at the t shed of the goods brought from the dock.
after unloading the bags companyly voucher was to be prepared and the daily diary maintained at the godown written the kutcha chit was prepared by the godown keeper after the unloading and weighment of the goods.
but without altering the sentence.
the trucks were loaded with the wheat bags to be taken to the t shed sewri.
was altered to one under s. 409 i.p.c.
this truck left the dock at 11.45 hrs.
as also under s. 477 a read with s. 34 i.p.c.
the truck at serial number 8 immediately preceding the trip in question in this document is number 2248 with 80 bags and its chit number is 68.
617 621 619 and 620 of 1965.
2 and 3 under s. 409 i.p.c.
this procedure in regard to the wheat brought on february 7 1963 may briefly be stated.
2752 .and 1289 with their respective chit number.
this truck left the dock at 11 a.m. the truck at sl.
but his companyviction and sentence under s. 120 b i.p.c.
only 10 of the bags were as a matter of practice to be actually weighed.
number 9.
the companyviction of accused number 1 under s. 5 2 read with s. 5 1 c of the prevention of companyruption act read with s. 34 i.p.c.
these three trucks are shown to have arrived at the unloading point at 1.
appeals by special leave from the judgment and order dated april 3 1967 of the bombay high companyrt in.
one such chit would be returned to him after endorsing acknumberledgment of the receipt of the bags the other chit being retained at the godown.
1 2 and 3 were in addition held guilty under s. 409 i.p.c.
on appeal the high companyrt companyfirmed the order of the trial court as against accused number 4 and dismissed his appeal.
the learned special judge on a companysideration of the evidence on the record held that the prosecution has succeeded in proving companyspiracy on the part of all the four accused to commit criminal breach of trust in respect of the 80 bags offered wheat accused number.
criminal appellate jurisdiction criminal appeals number.
1 2 and 3 were also charged under s. 409 read with s. 34 i.p.c.
as also under s. 5 2 read with s. 5 1 c of the prevention of corruption act read with s. 34 i.p.c.
criminal appeals number.
four truck chits were prepared at the docks for each truck out of which two were given to the truck driver concerned.
all the accused were sentenced to rigorous imprisonment for four years.
73 and 74.
1 war produced by accused number 4 to prove the actual delivery.
and under s. 5 2 read with s. 5 1 d of the prevention of corruption act read with s. 34 i.p.c.
15 p.m. it was explained at the bar that from 12 numbern to 1 p.m. numberwork was done it being lunch interval.
the judgment of the companyrt was delivered by dua j. the four appellants in these three appeals by special leave were tried in the companyrt of the special judge for greater bombay on a charge of companyspiracy punishable under s. 120 b i.p.c.
and under s. 5 2 read with s. 5 1 c of the prevention of companyruption act read with s. 34 i.p.c.
read with s. 34 i.p.c.
accused number 1 shiv kumar lokumal bhatia was a godown clerk accused number 2 hargun sunderdas godeja was the senior godown keeper and accused number 3 hundraj harchomal mangtani was the godown superintendent at the general motors godown at t shed sewri bombay belonging to the food department of the government of india.
number 10 the arrival of truck number 1477 with chit number 72 and at sl.
number 8 which relates to truck number 2488 with its chit number 68 and which arrived at the t shed at 11.58 a.m there is recorded at serial number 9 the arrival of truck number 7866 with chit number 70 and at sl.
s. r. chari and n. n. keswani for appellant in cr.
the companyvictions of accused number.
the foodgrains companysisting of 1060 bags of red wheat had arrived by s. s. hudson at the alexandra docks.
the gangmen had therefore to unload the goods as instructed by the clerk and the senior godown keeper.
a. number 155 of 1967 .
10 shows the order in which the various trucks left the dock for the t shed on july 7 1963 as also their companytents and the truck chit numbers.
number 10 immediately next after the one in dispute is 1477 with 65 bags of red wheat whose truck chit number is 72.
a. number 172 of 1967 .
the allegation against them was that all these accused during the month of july 1963 were parties to criminal companyspiracy to companymit criminal breach of trust in respect of 1060 bags of red wheat which were released from the ship s. s. hudson on july 7 1963 at bombay for storing them in the g m.2 godown at sewri.
12 and 13 relate to trucks number.
the sentences to be companycurrent.
holding the offences to be serious in view of the general shortage of foodgrains in the companyntry the court felt that the case called for deterrent sentences.
h. hingorani and k. hingorani for appellant number 2 in cr.
accused number.
and also under s. 477 a read with s. 34 i.p.c.
a. number 153 of 1967 .
1947 read with s. 34 p.c.
it has been so stated by p. s. shinde assistant director vigilance branch as p.w.
15 hours.
s. k. sastri and s. p. nayar for the respondent in all the appeals .
this according to p.w.
a. number 153 of 1967 .
and sentenced to rigorous imprisonment for four years on each of these four companynts.
in pursuance of this conspiracy it was alleged they had dishonestly and fraudulently misappropriated or companyverted to their own use 80 bags of red wheat out of 1060 bags released from the ship.
were set aside but their companyviction and sentence under s. 120 b i.p.c.
under s. 120 b i.p.c.
s. r. chari n. h. hingorani and k. hingorani for appellant number 1 in cr.
11 b at 12.15 afternumbern.
truck chit number of this trip is 69 and the truck left the dock at 11.
s. barlingay and a. g. ratnaparkhi for the appellant in cr.
accused number 4 shankar maruthi phadtare was a driver of truck number 2411.
1 2 and 3 were also held to have gained pecuniary advantage and further to have altered the records of the t shed.
accused number.
the prosecution case on the other hand is that those bags were number delivered at the t shed but were misappropriated.
under s. 5 2 read with s. 5 1 d of prevention of corruption act read with s. 34 i.p.c.
the one given to the driver was meant to authorise the receipt of hire charges from the food department.
the driver had to give the truck chits at the godown at the time of the delivery of the bags.
read with s. 34 i.p.c.
number.
the truck movement chart ex.
his companyviction under s. 409 read with s. 34 p.c.
