1944 (11) TMI 20

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..... nendra Krishna Deb For Respondents: Amiruddin Ahmad, Deputy Legal Remembrancer and Nirmal Kumar Sen JUDGMENT 1. The appellant, Satya Sundar Mitra, has been convicted under s. 406 of the Indian Penal Code and sentenced to rigorous imprisonment for four months and to pay a fine of one thousand rupees in default to suffer rigorous imprisonment for a further period of three months. The a .....

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..... who are banians of Balmer Lawrie and Company, six tons of the cement sold on the permit were diverted and disposed of for another purpose. In our opinion, there was no entrustment of the cement in question within the meaning of the term as used in s. 405 of the Indian Penal Code and the accused, accordingly, cannot be convicted of the offence of breach of trust. The permit was granted in accordanc .....

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..... that the terms of s. 405 of the Indian Penal Code are very wide and cover entrustment in any manner, but the use of the words in any manner do not enlarge the term entrustment itself and, unless there is entrustment, the transaction in question cannot be affected by the terms of s. 405 of the Indian Penal Code. 3. The result is that the appeals must be allowed, the convictions on the appell .....

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