This is a Criminal reference made by the learned Sessions Judge, Tripura, in Crimi­nal Motion No. 6 of 1964 with a recommendation for quashing the charge as framed under Section 406 I. P. C. in C. R. Case No. 379 of 1963, by the Magistrate First Class, Sadar.

(2) The facts leading up to this reference are as follows :

On 18-7-63 P. W. 1 G. W. Wadhwani, Execu­tive Engineer, Agartala Division No. 1 filed a complaint in the Court of the Sub-Divisional Magistrate, Sadar, Agartala, Tripura against the accused petitioner Ajoy Kumar Roy, a Contrac­tor, working under different Divisions of the local P. W. D. to the following effect:

A tender having been invited for executing a work namely construction of 2 Nos. sheds and platforms attached to the prefabricated food storage godown at Arundhutinagar, Agartala the accused submitted a tender and the same was accepted by the competent authority concerned on 2-8-61. After the acceptance of the tender a work order was issued in favour of the accused petitioner on 30-8-01. As per terms of the con­tract, in order to facilitate the same the accused was entrusted with the Government (P. W. D.) materials of the value of Ks. 6,662/limP. on different dates

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