The accused cannot be held guilty of criminal breach of trust if the entrusted property was stolen or misappropriated by another party, and the accused had taken reasonable measures to safeguard the property.

Per Deepak Gupta, J.(Oral)-This appeal by the State is directed against the JUDGMENT dated 29.11.1995 of the learned Chief Judicial Magistrate, Solan at Kandaghat, District Solan in Case No. 45/2 of 1993 whereby he acquitted the accused of having committed an offence punishable under Section 409 IPC.

2. The admitted facts are that accused Jai Lal Pirta was working as Assistant Development Officer with the H.P.Khadi and Village Industry Board (here-in-after referred to as the Board) at Shimla. It is not disputed that the accused between the period 2.4.1983 to 4.4.1983 was entrusted with 215 bags of mustard seeds (sarson) valuing Rs. 1 lakh. The aforesaid mustard seed were to be sold by the accused to the owners of the small oil mills, who had been financed by the Board. The accused shifted the stock of 215 bags of mustard seeds from Sawra in District Shimla to Sairy in Solan District and stocked the same in the house of Nanak Dutt at village Siary. It is not disputed that Nanak Dutt was also the owner of a small oil mill financed by the Board. The accused deposited a sum of Rs.42,000/- as part of the sale proceeds of the mustard seeds and the remaining mustard seeds remained with the accused.

3. On 1.1.1986 PW-1 A.R.Panatu member of the Board alongwith Shri B.R.Sharma visited Siary. They inspected the store of Shri Nanak Dutt and found that the lock of the door to the store had been broken and no mustard seeds were lying in the store. On this basis a case of criminal breach of trust was registered against the accused. After trial the accused has been acquitted. Hence, the present appeal.

4. It would be pertinent to mention that PW-1, A.R.Panatu in cross-examination has admitted that when he visited the store and found the mustard seeds missing, wife of Nanak Dutt told him and Shri B.R.Sharma that the Sarson had been used by her husband Nanak Dutt and disposed of by him.

5. PW-6 Shri N.D.Sharma in his statement has stated that after the inspection was carried out on 1.1.1986 by Shri A.R.Panatu & B.R.Sharma, they gave their note Ext.PW-1/A to the Executive Officer Shri B.C.Ranaut PW-12. A request was made to Shri B.C. Ranaut to lodge a case of theft with the police against Shri Nanak Dutt. However, Shri B.C.Ranaut stated that there is no need to register a case of theft against Nanak Dutt since he is a client of the Board and a complaint for criminal breach of trust be registered against the accused. PW-12 Shri B.C.Ranaut has admitted that in the report Ext.PW-1/A it was recorded that wife of Nanak Dutt had told Shri B.K.Sharma and Shri A.R.Panatu that the mustard seeds were either consumed by Nanak Dutt in his oil mill or sold by him.

6. It is obvious that the inspecting team found that the lock of the door was broken and on further inquiry wife of Nanak Chand informed the inspecting team that the stock had been used by Nanak Chand. The case, if any, should have been lodged against Nanak Dutt. It appears that in fact the Board first intended to lodge a case against Nanak Dutt but unfortunately Nanak Dutt died and therefore, they decided to lodge this complaint against the accused. The complaint itself is totally misconceived. It is not denied that the accused was entrusted with the property. It is also a fact that he had kept the mustard seeds in the godown of Shri Nanak Dutt under lock and key. He could not be held guilty of criminal breach of trust if Nanak Dutt stole the property or misappropriated the same.

7. The learned trial court was justifying in acquitting the accused. We find no merit in the appeal, which is accordingly dismissed. The bail bonds furnished by the accused are discharged.