Judgment

P. N. BHAGWATI, J. :- We made an order on 28th January, 1977 immediately after the conclusion of the hearing of the appeal and by that order, we allowed the appeal and set aside the order of conviction and sentence recorded against the appellant. We now proceed to give our reasons for making that order.

2. The appellant was tried and convicted by the Judicial Magistrate, 1st Class. Ludhiana for offence under Sections 468, 411 and 428 read with Section 109 of the Indian Penal Code. He carried an appeal to the Sessions Court but the appeal was unsuccessful. A further revision application followed but that too was rejected by the High Court. Hence the present appeal by special leave.

3. The facts giving rise to the prosecution are set out in great detail in the judgment of the High Court and hence it is not necessary to reiterate them. It is enough to state that 354 black iron sheets worth Rs. 17,701.91 were despatched by Hindustan Steel Plant from Munda near Bhilai to M/s. Shiv Rattan Mohatta at Bikaner in Wagon No. SEKG 4075. The Railway Receipt in respect of this consignment was sent to M/s. Shiv Rattan Mohatta through the State Bank of Bikaner and M/s Shiv Rattan Mohatta too