Law:

Section:

Penal Code (XLV of 1860), S. 409-Criminal misappropria­tion-Accused charged for misappropriating a particular sum by showing false purchase of 264 blankets whereas in fact purchasing only 245 blankets-Fact of number of blankets claimed to have been purchased by accused being consistent with number actually found in stock by police, held, could have had some force if accused were charged for misappropriation of blankets but not where he stood charged for misappropriation of money. Md. Mozammel Hug, Senior Advocate Supreme Court instructed by A. W. Mallik, Advocate-on-Record for Petitioner. Nemo for the State. Date of hearing : 30th May 1970. JUDGMENT HAMOODUR RAHMAN, C. J.-The petitioner was tried along with one, Nazimuddin. He was charged under sections 409 and. 471 of the Penal Code, but Nazimuddin was charged under sections 467 and 409/109 of the said Code. The case against the petitioner was that he as Superintendent of Babur Hat State Orphanage had been entrusted with a sum of Rs. 8,500 by the Sub-Divisional Officer, Chandpur, to purchase some blankets for the use of the orphans resident in the orphan­age. He purchased 245 blankets for the sum of Rs. 4,338.95 at the rate of Rs. 17.71 each under cash memo. No. 22, dated the 26th January 1963, from the co-accused, Nazimuddin, a salesman of the Show Room of the Dacca Central Jail, but in collusion with the latter fabricated a false cash memo. bearing No. 38 to show a sale of 264 B. T. blankets for a sum of Rs. 6,468 at the rate of Rs. 24.50 each. In this way, it is alleged, he misappropriated a sum of Rs. 2129.05, by submitting a bail dated the 29th January 1963, to the Sub-Divisional Officer, Chandpur, for the sum of Rs. 6,468 along with the said fabricated cash memo. The case against Nazimuddin was that he forged the cash memo. No. 38, dated the 26th January 1963, which was originally issued for the purchase of only one blanket on the 31st of January 1963, from the Dacca Central Jail at a price of Rs. 24.50. Both the petitioner and Naeimuddin were convicted by the Assistant Sessions Judge and Ex-officio Special Judge of Comilla and their convictions and sentences have been upheld, on appeal, by a learned…

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