CHAKRAVARTTI, C. J.

( 1 ) THE appellant, Patit Paban Bose, commenced his employment under the Commissioners for the Port of Calcutta on the 20th of September, 1921, as a Ticket Collector in their Perry service. By 1950, he had risen to be one of the Forwarding Clerks at the Calcutta Jetties of his employers.

( 2 ) IN 1950, the Commissioners came to detect certain cases of theft of goods lying in their jetties. It was found that on the 13th of April, 1950, a wagon had been loaded from the Import Warehouse (South) of the Calcutta Jetty without any proper document and that it had been drawn out without any shunting order being issued therefor. On the next day, the wagon had been placed before the compartment of a firm called Prayagdas Mathuradas at the Strand Warehouse and the contents of the wagon delivered to a representative of the firm without any invoice at all. Similarly, on the 9th of June, 1950, another wagon had been loaded, drawn out and delivered to the same firm without any authority. The detection of these thefts and the modus operandi adopted in committing them led the Commissioners to suspect that a serious conspiracy was afoot for removing goods from their jetties an

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