RAGHUBAR DAYAL, J. :- Gopal Das Kapoor and another were committed to the Court of Session at Kanpur for trial of offences under Ss. 409 and 120B, Penal Code. The Sessions Judge added a charge under S. 477A, I.P.C., also against them. Both the accused are public servants.

2. On a petition under Art. 228 of the Constitution this case was transferred to this Court as it involved a substantial question of law as to the interpretation of the Constitution. We have heard the learned counsel for the petitioner and the learned Advocate General on the point and dispose of the constitutional point alone. Further proceedings in the case will be taken in the Court of the Sessions Judge.

3. Section 409, I.P.C., which punishes "criminal breach of trust" is in these words :

"Whoever, being in any manner entrusted with property, or with any dominion over property in his capacity of a public servant or in the way of his business as a banker, merchant, factor, broker, attorney or agent, commits criminal breach of trust in respect of that property, shall be punished with transportation for life, or with imprisonment of either description for a term which may extend to ten years, and shall also b