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1956 Supreme(Gau) 11

BRIJ NARAIN
Sarangthem Nodiachand Singh – Appellant
Versus
State of Manipur – Respondent


Advocates:
S. Roy, Bar-at-Law, B.B. Sen, A.K. Biswas and N. Ibotombi Singh, for Petitioner; S.C. Bardhan, Govt. Advocate, for Respondents.

ORDER

This is an application for obtaining a writ of certiorari under Art. 226 of the Constitution of India. The petitioner S. Nodiachand Singh, was Jailor, Imphal from 1-3-1951 to 21-10-1954 and he was placed under suspension from 22-10-1954 and eventually prosecuted in the Court of the Additional District Magistrate, Manipur, on charges of criminal breach of trust and falsification of accounts under Ss. 409 and 477-A, I.P.C.

The charges against the petitioner related to alleged falsification of the accounts maintained in the Jail by causing false entries to be made regarding sale of mustard seeds, mustard oil and oil cakes etc. In the course of the Police investigation which preceded the trial of the said criminal case, the police seized from the custody of the Assistant Jailor, among other papers, a credit note signed by the petitioner which was in the following terms :-

"Assistant Jailor i/c. Store.

Please make entry in stock book.

As I have purchased 50 maunds of mustard oil on credit.

Pay disbursing officer is hereby authorised to deduct Rs. 50/- rupees fifty per month from my salary until it covers the price of the oil.

Sd/- Nodiachand Singh,

Jailor.

1-7-1954."

2. The petitioner,






































































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