11 of 1947 .
Appeals by Special Leave granted by the Supreme Court of India on the 17th September, 1951, from the Judgment and Order dated the 6th June, 1951, of the High Court of Judicature at Calcutta in Criminal Appeals No.
5141 J dated September 16, 1949, the West Bengal Government allotted the case against the appellants and two others to the Special Court companystituted by the Government under section 3 of the Act.
The West Bengal Criminal Law Amendment Act hereinafter referred to as the Act came into force on June 23, 1949, and, by numberification No.
On August 29, 1950, the Special Judge delivered judgment companyvicting the appellants on all the companynts and sentenced them to varying terms of rigorous imprisonment and fine.
50,000 including the sum of Rs.
84 and 85 of 1952.
175 and 176 of 1950, respectively arising out of the Judgment and Order dated the 29th August, 1950, of the Special Court of Alipur, Calcutta, in Case No.
Some of the godowns belonging to the companypany were requisitioned by the Govern ment for military purposes in 1943 and were released in December, 1945.
This claim, however, had number been paid as the second appellants recommendation was number accepted by the higher authorities who referred it to the Claims Commission for investigation.
The trial companymenced on January 3, 1950, and nine prosecution witnesses were examined in chief before January 26, 1950, when the Constitution came into force.,
C. Chatterjee S. N. Mukherjee and P. N. Mehta, with him for the appellant in Cr.
Appeall No.
May 22.
In addition to the sentences imposed under the ordinary law the first appellant was fined Rs.
CRIMINAL APPELLATE JURISDICTION Criminal Appeals Nos.
47,550 to the first appellant on behalf of the companypany as companypensation for alleged damage to the godowns on the basis of an assessment made by the second appellant which was false to the knowledge of both the appellants.
On June 9, 1950, prosecution evidence was closed and the appellants were examined under section 342 of the Criminal Procedure Code.
After some more witnesses were examined, the charges were framed on February 27, 1950.
The Judgment of the Court was delivered by PATANJALI SASTRI C. J. These are companynected appeals by special leave from the order of the High Court of Judicature at Calcutta dated January 6, 1951, companyfirming the companyviction of the appellants and the sentences imposed on them by the Special Court, Alipur, Calcutta, companystituted under the West Bengal Criminal Law Amendment Special Courts Act, 1949.
Ajit Kumar Dutt and Arun Kumar Dutt for the appellant in Cr.
K. Daphtary, Solicitor General for India B. Sen, with him for the respondent in both the appeals.
The first appellant was at all material times the proprietor of the firm of Kedar Nath Mohanlal, Managing Agents of Shiva Jute Press Ltd., an incorporated companypany having a number of godowns at Cossipore in West Bengal, and the second appellant was the Area Land Hiring and Disposals Officer in the service of the Government of India.
1,28,125 to the companypany for damage caused to the jute stored in the godowns by leakage of rain water through cracks in the roof which the military authorities neglected to repair.
2 of 1949.
The appellants, along with two others who were given the benefit of doubt and acquitted, were charged, with having companyspired to cheat, and having cheated, the Government by inducing their officers to pay Rs.
84 of 1952.
It was also alleged that the second appellant recommended the payment of Rs.
85 of 1952.
Appeal No.
Though the companystitutionality of the Act was number challenged in the High Court, Mr. Chatterjee on behalf of the appellants made it the principal issue in these appeals.
The appellants were accordingly charged with having companymitted offences under sections 120B and 420 of the Indian Penal Code and section 5 2 of the Prevention of Corruption Act Act No.
