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1954 Supreme(Cal) 37

SINHA
SISIR KUMAR DAS – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
A.N.RAY, JAGNESHWAR MAJUNDAR, MIHIR KUMAR SARKAR, NIRMAL CHANDRA CHOUDHURI

SINHA, J.

( 1 ) THE facts of this case are briefly as follows: The petitioner was appointed a Sub-inspector of Police, in the Bengal Police Force in 1944. In September 1947, he was posted as a Sub-Inspector of Police at Shalimar Government Railway Police Station. In December 1948, he became the Officer in charge of that Police Station. This Police Station had a malkhana attached to it for keeping goods taken charge of by the Police. These goods are sold after obtaining orders from the District Magistrate unless the goods are perishable, in which case they are sold and the approval of the Magistrate obtained subsequently. The petitioner remained in Shalimar during 1948-49 and a good part of 1950. At the end of 1950 he was transferred to Bankura. In the beginning of 1951 the authorities received some anonymous communications regarding the sales by the petitioner from the Malkhana at Shalimar during his incumbency there as the Officer-in-charge.

( 2 ) IT appears that investigations were set on foot by the Criminal Investigation Department and also there was an enquiry by the Deputy Superintendent of Police, Howrah, Mr. Aswini Kumar Gope. It is disputed whether Mr. Gope had made a re



















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