Judgement

BHAGWATI, J. :- The appellant was charged under S. 411, Penal Code with dishonestly receiving or retaining in his possession one Hillman Car number WBD 4514 bearing Engine and Chassis No. A1178482 WSO knowing or having reason to believe the same to be stolen property. The learned Presidency Magistrate, Calcutta, convicted him of this offence and sentenced him to rigorous imprisonment for 2 years. The appellant took an appeal to the High Court at Calcultta and a Division Bench of High Court constituted by Jyoti Prakash Mitter and Sisir Kumar Sen JJ. dismissed the appeal confirming the conviction and sentence passed upon him.

The appellant filed a petition for leave to appeal to this Court that petition according to what we are told is the practice obtaining in the Calcutta High Court came before a division bench differently constituted - a Bench constituted by the learned Chief Justice and S. C. Lahiri J. This Bench allowed the petition and ordered that a certificate for leave to appeal under Art. 134 (1) (c) of the Constitution may be drawn up. In an elaborate judgment the learned Chief Justice observed :

"In my view a certificate of fitness ought to issue in this case, alth