JUDGMENT :

Ananya Bandyopadhyay, J.

1. This appeal is directed against an order and judgment dated 22.12.2000 passed by the Learned Judge, Special Court, Suri, Birbhum in Special Case No.3 of 1999 arising out of G.R. Case No.45/1996 in connection with Nalhati P.S. Case No.5/96 dated 06.01.1996, thereby convicting the appellant under Section 409 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for 4 years and also to pay fine of Rs.2,000/- in default to suffer rigorous imprisonment for another 6 months. The period of detention undergone in custody, if any, be set off from the substantive sentence.

2. The prosecution case precisely stated the appellant was secretary of Kaitha S.K.U.S. Limited and was in-charge of Mustard Oil Mill Unit of the said co- operative society on and from 01.12.1993 to 22.08.1995. During that period, the appellant committed criminal breach of trust with respect to mustard seed as he was in-charge of the said department. The stocks along with relevant documents were inspected by Deputed Officer, Kaitha S.K.U.S. Ltd., who was inspector of co-operative society, Nalhati Block – I.

At the time of inspection, the opening balance along with purchas