9911796707
TMI Blog1972 (2) TMI 92X X X X Extracts X X X X X X X X Extracts X X X X ..... ricultural assistant and was working under Khairnar appellant No. 2 who was agricultural supervisor in the soil conservation section of the Government of Maharashtra. Dhobi was incharge of the work relating to a Bundh in block No. 13 of village Asane in Taluka Mandurbar. The above block comprises agricultural lands bearing survey Nos. 8, 17, 18, 19 and 32 measuring 90 acres. The Bundhs were being constructed since the year 1962. Rectification work in respect of those Bundhs at a cost of ₹ 369.07 had to be got done by Dhobi appellant under the supervision of Khaimar appellant. The Government sanctioned an amount of ₹ 4779 in connection with the construction of the Bundhs. An advance amount of ₹ 5000 was received by Khaimar accused on March 2, 1966 in that connection. Work of the value, of ₹ 4400 was done but that relating to rectification work was not done. According to the rules of the soil conservation section, the Government spent the money in the first instance and after the report of the completion of work was received, the expenses were recovered from the landowners for whose benefit the work was done. On March 11, 1966 Khaimar made entries in measureme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . R. Inamdar (PW 1 1 ), deputy director of agricultural engineering, to go to Asane village and submit his report after personally verifying the facts. Inamdar went with Ghate to block No. 13 in Asane village on May 11, 1966. Both Inamdar and Ghate found that no rectification work had been done. They did not find even a single pit in the lands in that block although, according to measurement book, 83 pits had been recently dug. Inamdar and Ghate also met the Sarpanch and other landowners of Asane village. Report dated May 18, 1966 was thereafter submitted by Inamdar affirming those facts. Sarpanch Tanku sent complaint Ex. 84, in the meanwhile, on April 30, 1966 to the director of anti-corruption branch Maharashtra State stating that the accused had prepared false bill for ₹ 369.07 without doing any work and that they had misappropriated that amount. It was also stated that attempts were being made to shield the accused. The director of anti-corruption sent a copy of that application to Sub Inspector K. G. Patil (PW 13) who was then attached to Dhulia officse of the anticorruption branch. Sub Inspector Patil made local enquiry and took into possession the measurement book, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ised on behalf of the accused that the investigation of the case was illegal and that prosecution was barred by time under the pro-visions of section 23 of the Land Improvement Schemes Act, 1942. These objections were repelled. The accused were accordingly convicted and sentenced as above. On appeal the High Court affirmed the, findings of the learned special judge. We have heard Mr. Kotwal on behalf of the, appellants and are of the opinion that there is no merit in the appeal. It has not been disrupted before us that the accused made various entries and prepared documents on March 11, 1966 about their having got the rectification work done as well as about the payment of ₹ 369.07 on that account. It has also not been disputed before us that the amount of ₹ 369- 07 was not paid to any one by the accused in March or April 1966. According to Ghate (PW 1) and Inamdar (PW 11), no work relating to the rectification of the Bundh was found to have been done till May 11, 1966 when they visited the site in question. Inamdar's evidence also shows that according to the measurement book prepared by the accused, 83 pits had been recently dug although the witness could not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion of the case as that enquiry partook of the character of investigation. Nothing has been brought to our notice as to how an enquiry before the registration of a case can be held to be investigation. The matter, however, need not be dilated upon and it is not necessary to express any final opinion in the matter because we find that there is no material on the record as may show that the accused were prejudiced because of the alleged non-compliance with the provisions of section 5A of the Prevention of Corruption Act. It is well established that where cxognizance of a case has, in fact, been taken by the court on a police report following investigation conducted in breach of provisions of section 5A of the Prevention of Corruption Act, the result of the trial cannot be set aside unless the illegality in the investigation can be shown to have brought about a miscarriage of justice. The underlying reason for the above dictum is that an illegality committed in the course of investigation does not affect the competence and jurisdiction of the court to try the accused. Where, therefore, the trial of the case has proceeded to termination, the invalidity of the proceeding investigation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r person duly authorized under the Act in respect of anything done or intended to be done under the Bombay Land Improvement Schemes Act. It cannot be said that the acts of the accused-appellants in preparing false documents and in committing criminal breach of trust in respect of the amount of ₹ 369-07 as also their act of criminal misconduct were done under the Bombay Land Improvement Schemes Act. Sub- section (2) of section 23 deals with anything done or intended to be done under the above mentioned Act by a public servant or a person duly authorized under the Act. It has no application where something is done not under the Act even though it has been done by a public servant who has been entrusted with duties of carrying out improvement schemes under the above mentioned Act. The impugned acts of the appellants in the present case were not in discharge of their duties under the above mentioned Act but in obvious breach and flagrant disregard of their duties. Not only they did no rectification work for the Bundh which was a part of the improvement scheme, they also misappropriated the amount which had been entrusted to them for the purpose of rectification. Prayer has als ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
