FAIZUR RAHMAN SARKAR vs THE STATE And 2 Other — 1971 SCMR 116

Citation: 1971 SCMR 116

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Parties: FAIZUR RAHMAN SARKAR vs THE STATE And 2 Other

Headnotes

Case cited as 1971 SCMR 116

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Mujibur Rahman Khan Title: FAIZUR RAHMAN SARKAR vs THE STATE And 2 Other Case No.:Criminal Revision No. 749 of 1968 Petition for Special Leave to Appeal No. JUDGMENT Reported As: 1971 SCMR 116 Result: petition is, accordingly Judgment JUDGMENT M. R. KHAN, J.-The petitioner owned a rice mill at Pulhat, Dinajpur. Under a contract, dated the 20th October 1965, he was appointed a miller under the Food Directorate of the Government of Fast Pakistan. During 1965-66 he took delivery of 44,705 maunds and 14 seers of different varieties of paddy for being crushed with the stipulation that he would give the Food Directorate 28,339 maunds, 11 seers and 9 chhataks of rice according to the ratio mentioned in the contract. The petitioner delivered certain quantity of rice by instalments, and he was still to account for 4,606 maunds, 18 seers and 9 chhataks of rice. On the 19th August 1966, the Sub-Divisional Controller of Food, along with two other officers of the Food Directorate, went to the petitioner's mill and made a physical verification, but found no quantity of rice whatever in the mill premises and the godown. It was alleged that the petitioner disposed of the Government rice as the market price thereof shot up and thereby committed breach of trust. He was, accordingly, placed on trial for an offence under section 407 of the Pakistan Penal Code. The Assistant Sessions Judge, Dinajpur convicted him under the said…

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