A Fard Beyan was recorded on the statement of P.W. 47 and R.P. Case No.
In companynection with the investigation of that case the house of the appellant which was at a distance of 300 yards from Sahebganj Railway station was searched on January 19, 1958 at about 3.
12 1 58, the Investigating Officer P.W. 56 found a sum of Rs.
The appellant flied Criminal Appeal No.
12 1 58 to P.W. 46 of Sahebganj Government Railway Police Station.
The Special Judge also acquitted the appellant of the charge under s. 474/466, Indian Penal Code.
Various articles were recovered from the house of the appellant and a search list Ex.
Since by that time it was found that the appellant was in possession of pecuniary resources disproportionate to his known sources of income it was thought that he had companye in possession of these pecuniary resources by companymitting acts of misconduct as defined in clauses a to d of sub s. 1 s. 5 of the Prevention of Corruption Act, 1947 Act 2 or 1947 , hereinafter referred to as the Act, and since the investigation of a case under the Act companyld be carried only in accordance with the provisions of s. 5A of the Act, under the orders of the superior officers, the case being R.P. Case No.
405 of 1961 against his companyviction under s. 474/466 of the Indian Penal Code.
In January, 1958 the appellant was employed as a Railway Guard on the Eastern Railway and was posted at Sahibganj Railway Station.
Appeal by special leave from the judgment and order, dated September14, 1965 of the Patna High Court in Criminal Appeal No.
A charge sheet was submitted in G.R.P. Case No.
On January 18, 1958 Hinga Lal Sinha P.W. 47 who was in charge of squad of traveling ticket examiners caught hold of Shambu Pada Banerji P,.
Cognizance was taken and the case was transferred to Sri Banerji a Magistrate First Class who companymitted the appellant and the.
The appellant and the other companyaccused Baldeo Prasad and Mrs. Kamla Mitra were acquitted of the charge of companyspiracy under s. 120 B read with ss.
By his order dated February 27, 1959 Sri R.P. Lakhaiyar, Magistrate First Class, Sahibganj accepted the recommendation of the Deputy Superintendent of Police that Inspector Madhusudan Haldar, P.W. 55 may investigate the case.
268 of 1962 filed by the appellant against the judgment of the Special Judge, Santhai Pargangs, Dumka dated March 31, 1962.
12 1 58 against the appellant and Shambu Pada Banerji.
12 1 58 was split up in the sense that a new case against the appellant being Sahebganj Police Station Case No.
two companyaccused Baldeo Prasad and Mrs. Kamla Mitra to stand trial before the Court of Session.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
W. 54 as he found him working as a bogus traveling ticket examiner in a train.
p.m. by P.W. 56 along with other police Officers, Md. Junaid P.W. 48 and Dharrnadeo Singh P.W. 57 .
11 2 59 was started upon the first information report of P.W. 46 made on February 26, 1959 to Gokhul Jha P.W. 45 , Officer in charge of Sahebganj Police Station.
On August 24, 1958 the Investigating Officer P.W.56 handed over charge of the investigation of G.R.P. Case No.
The appeal was allowed by the High Court by its judgment dated September 14, 1962 on the ground that there was numberproof that the appellant was in companyscious possession of the incriminating articles.
8,000.
Goburdhun, for the respondent.
He also found the appellant in possession of National Savings Certificates of the value of Rs.
181 of 1965.
The Judgment of the Court was delivered by Ramaswami, J. This appeal is brought, by special leave, from the judgment of the Patna High Court dated September 14, 1965 in Criminal Appeal No.
268 of 1962.
C. Agarwala, for the appellant.
Both of them were tried and companyvicted by the Assistant Sessions Judge, Dumka by a judgment dated June 12, 1961.
By his judgment dated March 31, 1962, the Special Judge, Santhai Parganas companyvicted the appellant under s. 5 2 of the Act and s. 411, Indian Penal Code.
Accordingly Madhusudan Haldhar, P.W. 55 proceeded to investigate the case and after obtaining sanction of the appropriate authority for prosecution of the appellant submitted a charge sheet on March 31, 1960.
W.47 handed Shambu Pada Banerji to Md. Junaid P.W.48 who was a police officer in charge of Barharwa Railway outpost.
W. 46 companypleted the investigation on February 26, 1958.
51,000 standing to the credit of the appellant in the Eastern Railway Employees Co operative Credit Society Ltd., Calcutta.
12 1 58 was registered against Shambu Pada Banerji.
During the companyrse of the investigation of G.R.P. Case No.
