Judgment

WANCHOO

( 1 ) THIS is an appeal on a certificate granted by the Calcutta High Court. The respondent was appointed the Chief Refugee Administrator of the Burma Refugee Organisation in November 1942 and held that post till 25/08/1944, when he was suspended. He was believed to have embezzled large sums of money belonging to Government which were at his disposal as the Chief Refugee Administrator in conspiracy with certain persons. It was in that connection that he was suspended on 25/08/1944 and investigation into the alleged offences began thereafter. In that connection, the respondent was arrested in October 1914 and was bailed out. Eventually on 21/07/1945 the respondent was prosecuted under Sections 120b and 409 of the Indian Penal Code before the Second Special Tribunal constituted under the Criminal Law Amendment Ordinance No. 29 of 1943 (hereinafter REFERRED TO as the 1943 -. Ordinance ). In the meantime, the Criminal Law Amendment Ordinance No. 38 of 1944 (hereinafter REFERRED TO as the 1944-Ordinance) was passed. The object of this Ordinance was to prevent the disposal or concealment of money or other property procured by means of certain scheduled offences punishable