Law: Penal Code (XLV of 1860)

Section: 406

(On appeal from the judgment and order of the High Court of East Pakistan, Dacca, dated the 15th December 1969, in Criminal Appeal No. 302 of 1966).   Penal Code (XLV of 1860), S. 409-Criminal breach of trust Government servant entrusted with goods for distribution among flood-stricken people preparing false muster rolls showing distribution of goods to persons having already received relief goods-Goods not distributed as alleged by accused-Accused, held, clearly committed offence of criminal breach of trust. Date of hearing :15th June 1970. JUDGMENT HAMOODUR RAHMAN, C. J.-The petitioner who was at the relevant time a Circle Officer in the Sadar Circle of the district of Bogra, was entrusted on the 17th of October 1954, with 127 items of Red Cross readymade garments by the office of the District Magistrate, Bogra, for free distribution among the needy and deserving people of flood-affected areas. It is alleged that the petitioner instead of distributing them in the above manner dishonestly misappropriated and converted to his own use as many as 90 items of these garments, but to cover up his guilt he obtained duplicate muster rolls from the Chairman of Relief Committees of Ranbhanga Centre within the Nandigram Union where on the 7th of January 1955, other relief articles, such as saris, dhods, lungis and ganjis, had been distributed, and converted these duplicate muster rolls to show that the Red Cross garments misappropriated by him had been distributed to the persons named therein. On the 23rd of April 1957, after the petitioner had been transferred from Bogra and posted as the Superintendent of Azimpur New Market at Dacca, the police upon information received, searched the godown of his office and recovered there from 2 boxes containing Red Cross garments amongst other articles. The police also searched a flat immediately below his residential flat in the Azimpur Estatar which was under his lock. The key was produced by the petitioner and from this flat also other suspicious articles were recovered. A case was started against the petitioner under sec tions 409, 467 and 471 of the Penal Code read with section 5(2) of the Prevention of Corruption Act,…