Decided on January 17,1966

STATE Respondents


N.G.SHELAT - (1.) This Appeal arises out of an order passed on 21-9-64 by Mr. K. H. Damani City Magistrate 10 Court Ahmedabad in Criminal Case No. 178 of 1964 whereby the accused-appellant came to be convicted and sentenced to suffer rigorous imprisonment for six months and to pay a fine of Rs. 50.00 or in default rigorous imprisonment for 15 days for an offence under sec. 53 of the Indian Post Office Act.
(2.) The charge against the appellant-accused was that on or about 3 of October 1963 while he was in service as a letter-box peon in New Civil Hospital Post Office at Ahmedabad he opened postal articles in course of transmission contrary to his duty and wilfully detained or delayed the said postal articles and thereby committed an offence punish- able under sec. 53 of the Indian Post Office Act.
(3.) One Shri Mangubhai Nanubhai Desai who was working as an Investigating Inspector in the office of the Post Master General at Ahmedabad on receipt of some information regarding the accused who was working as letter-box peon in New Civil Hospital Post Office Ahmedabad removing postal letters stamps and other articles made an inquiry in the matter. The accused on being questioned had produced about 15 envelopes and a post-card Exs. 6 to 21.3 Thereupon he made a report and after obtaining an order from the Post Master General Ahmedabad lodged a complaint Ex. 23 to the P. S. I. Madhupura Police Station on 4-12-63. After making the necessary investigation of the case the P. S. I. sent up the charge-sheet against the accused for an offence under sec. 53 of the Indian Post Office Act to the Court of the City Magistrate 10 Court under sec. 173 of the Criminal Procedure Code. The accused denied to have committed any offence. The learned Magistrate after considering the effect of the evidence found the accused guilty and sentenced him as stated hereabove. Feeling dissatisfied with that order the accused has come in appeal.;

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