The main legal point established in the judgment is the requirement for the prosecution to prove the entrustment of money to the accused in a case under Section 408 of the Indian Penal Code.

( 1 ) THIS appeal is from Andaman and Nicobar Islands and has been preferred by the State through the Public Prosecutor, Andaman and Nicobar Islands, against an order of acquittal passed by the Additional District Magistrate, Andaman and Nicobar Islands on 27th December, 1962 in a trial held in Port Blair in Criminal Case No. 63/40 of 1962 in which the respondent Golam Rasool was charged for an offence under Section 408 of the Indian Penal Code alleged to have been committed by him on or about 16th December, 1959 at Long Islands as a servant in the employment of Forest Co-operative Chain Stores in respect of Rs. 977. 08 np. That amount was alleged to be the money recovered from the Forest Mazdoors against goods supplied to them on credit which the Range Officer Henry Lawrence sent through N. Kaniappa Mudaliar and alleged to have been received by Golam Rasool.

( 2 ) CASE started on the report of the President of the Forest Co-operative Chain Stores Ltd. , Chatham to the Superintendent of Police, Port Blair, in which it was alleged that Rs. 2721. 06 np. was found short. (His Lordship reviewed the evidence in the case and proceeded ).

( 3 ) IN that state of evidence the finding of the learned Magistrate at the trial court that prosecution has failed to prove that the money was entrusted to Golam Rasool is, in our view, the correct and proper finding. That being so, apart from other infirmities in the prosecution case and evidence referred to by the learned Magistrate in his judgment the order of acquittal is the only legal order that could be made in the case. We, therefore, dismiss the appeal.

( 4 ) BESIDES dismissing the appeal on merits, we also need mention a feature in, prosecuting this appeal. As we have already mentioned the appeal was preferred under Section 417 (1) Cr. P. C. by the State Government through the Public Prosecutor at Andaman and Nicobar Islands. In the Memorandum of Appeal it has been stated in paragraph 23 that the appeal was so filed by the Public Prosecutor - "being directed by the Chief Commissioner, Andaman and Nicobar Islands in exercise of the powers of the State Government under Section 417 of the Code of Criminal Procedure" A copy of that Order was appended to the Memorandum of Appeal as Annexure 'b'. When the appeal was presented in the Islands it was admitted by the order of Sri Halve who was functioning as the Registrar in the Islands in the absence of the Chief Commissioner. Thereafter on 24th April, 1963, an order was made by a Division Bench of this Court (D. Mukherjee and D. N. Das Gupta, JJ) in these terms:-"consequent on the order of admission of the appeal we direct the respondent Golam Rasool to be re-arrested and released on bail to the satisfaction of the Chief Commissioner of the Andaman and Nicobar Islands. We also direct the issue of usual notices. "order for bail was modified by an Order dated 15th of July, 1964 passed by the Division Bench (D. N. Das Gupta and A. C. Gupta, JJ ). It remains doubtful if a proper order admitting the appeal for hearing was made according to the Rules of the Appellate Side on this Court.

( 5 ) AT the hearing before us Mr. Dipak Sen Gupta appeared for the prosecution being so appointed by the Legal Remembrancer of West Bengal. Mr. Sen Gupta stated before us that he has not been authorized either by the Public Prosecutor of Andaman and Nicobar Islands, nor has he been appointed as Public Prosecutor for the purpose of this case by the State Government of Andaman and Nicobar Islands which is a Central Territory. Mr. Sen Gupta frankly stated that he was in doubt whether he has proper authority and locus standi to represent the appellant in this appeal.

( 6 ) IT also appears that upto a stage during the pendency of the appeal in this Court the accused-respondent Golam Rasool had not entered appearance through any lawyer appointed by him. At that stage the Legal Remembrancer of West Bengal Government appointed a learned Advocate of this