Law:

Section:

Keywords: Forgery, Premises, Evidence, Responsibility, Copy, Receipt, Prima Facie, Criminal Breach Of Trust, Commission, Investigation, Imprisonment, Procedure, Prosecution, Conviction, Manager, Proceedings, Defence, Set Aside, Establishment, Fraud, Records, Goods, Payment, Benefit Of Doubt, Guilty, Representative, Fine, Prosecution Witness, Possession, Prevention, Conspiracy Result: 8. JUDGMENT The appellant Asim Farooqui was tried by the Special Judge-cum -Inquiry Officer, Hyderabad on charges under section 409, P. P. C. Read with sections 5 (2) of the Prevention of Corruption Act, 420/468/477-A, P. P. C. And on being found guilty of the said offence the appellant was by a judgment dated 28-6-1972 convicted and sentenced to varying terms of imprisonment to which fine was added. Since the terms of imprisonment were ordered to run consecutively the total sentence imposed on. The appellant was R. I. For 2 years and a fine of Re. 500. Alongwith the appellant four other persons namely, Moula Bux. Nizamuddin, Badar Ahmad and Abdul Salam were also tried and while the case against Abdul Salam abated on account of his death the remaining three accused were acquitted. 2. The appellant Asim Farooqui has filed an appeal through Mr. Azizullah Shaikh who has represented him before me and the State was represented before me by the Assistant Advocate-General. 3. Briefly stated the facts of the prosecution case are that the appellant was a Nakedar of Hyderabad Municipality and was posted at Hyderabad Railway Station for collection of octroi charges. One Ibrahim who deals in sports goods received a consignment of goods from Sialkot and the railway receipt bearing No. 785957 was handed over by the said Ibrahim to acquitted Badar who is a clearing agent and is also referred to in the evidence as Commission Agent. The goods were cleared on the 4th of March 1368, and the total octroi payable on the goods was 37 paisas. The amount was duly collected by the appellant from acquitted accused Badar and a receipt bearing No. 100 from Book No. 886 was issued under the signatures of appellant Asim Farooqui. On 9-3-19b8 Messrs Bata Shoe Company of Hyderabad also received a consignment of…

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