Judgement

J.L. KAPUR J.: This appeal by special leave is brought against the judgement and order of the High Court of the Punjab confirming the order of conviction of the appellant under S. 5 (1) (c ) of the Prevention of Corruption Act (2 of 1947) (hereinafter referred to as the Act). The High Court reduced the sentence of the appellant to nine months rigorous imprisonment.

2. The appellant was employed as an Assistant Store Keeper in the Central Tractor Organization at Delhi and amongst other duties his duty was the taking of delivery of consignment of goods received by rail for Central Tractor Organization and in that capacity he is alleged to have misappropriated a major portion of a wagon load of iron and steel weighing about 500 Mds. Received at Delhi Railway Station from the Tata Iron & Steel Co., Tatanagar under Railway Receipt No. 039967 dated August 12, 1950. This consignment of goods was taken delivery of on October 2, 1950, at the Lahori Gate Depot. The consignment had been lying at the Railway depot for a considerable time and the Central Tractor Organization was, before taking the delivery, making efforts to have the wharfage and demurrage charges reduced but it only s