Judgment

BEG, J.:- The appellant was a Sub Inspector of Police serving in the Enforcement Branch of the Calcutta Police on 20th May 1951, when he was ordered by S. Mukherji, Deputy Commissioner of Police, Enforcement Branch to search a house at 13/2 Sir Guru Das Road, in Kankurgachi Basti. He alleged that the search concluded at 6.30 a.m. and, therefore, he had gone to tale tea "with the permission and/or knowledge of his immediate superior Sub Inspector S. N. Bose." We fail to understand what the appellant exactly meant when he swore, in his affidavit, that he had gone to take tea "with the permission and/or knowledge" of his immediate superior officer. He could not reasonably be believed to be uncertain on such a point. The appellant alleged that he was met by the Assistant Commissioner of Police. Ataur Rahman, when he was coming back, after taking tea, to the place of search, but he was still at a distance of about one furlong from the assigned place of duty. He alleged that the Assistant Commissioner charged the appellant, immediately on accosting him, with dereliction of his duties, with disobedience of the order to remain at the post of his duty, with carrying out the search p