1940 Supreme(Mad) 482

IN THE HIGH COURT OF MADRAS
Lakshmana Rao, J.
The Public Prosecutor
Versus
Kanholi Kunhiraman Nayar
Decided On : 03.12.1940

The court clarified that the offence under Section 52 of the Indian Post Office Act can be tried without a complaint, and the existence of a minor offence under Section 53 does not bar the trial for the offence under Section 52.

Headnote:

Indian Post Office Act - Offence under Section 52 - Trial for secreting postal articles - Acquittal based on objection of minor offence under Section 53 - Appeal by Provincial Government - Order of acquittal set aside

Fact of the Case:

The respondent, a postman, was charged with an offence under Section 52 of the Indian Post Office Act for secreting two postal articles in the course of transmission by post. He was acquitted based on the objection that the acts also constituted a minor offence under Section 53, which cannot be taken cognizance of without a complaint from the Director-General or Postmaster-General.

Finding of the Court:

The court set aside the order of acquittal, stating that the offence under Section 52 can be taken cognizance of without any complaint, and the respondent should have been tried for that offence. The acts also constituting a minor offence under Section 53 is not a bar to the trial of the offence under Section 52.

Issues: The main issue was whether the respondent should be tried for the offence under Section 52 of the Indian Post Office Act despite the objection that the acts also constituted a minor offence under Section 53.

Ratio Decidendi: The court held that the offence under Section 52 can be tried without a complaint, and the existence of a minor offence under Section 53 does not preclude the trial for the offence under Section 52.

Final Decision: The order of acquittal was set aside, and the respondent will be tried in accordance with the law.