The respondent a postman was charged by the police with an offence under S. 52 of the Indian Post Office Act for secreting two postal articles in course of transmission by post and he was committed for trial by the Court of Session for that offence. There was no complaint by order of or authority from the Director-General or Postmaster-General, and a preliminary objection was taken to the trial on the ground that the acts also constitute the minor offence under S. 53 of the Indian Post Office Act of detaining the postal articles, which according to S. 72 of the Indian Post Office Act cannot be taken cognizance of unless upon complaint made by order of or authority from the Director-General or Postmaster-General. The objection was upheld and the respondent was acquitted.
Hence this appeal by the Provincial Government and the order of acquittal cannot be supported. The offence under S. 52 of the Indian Post Office Act can be taken cognizance of without any complaint, and the commitment was legal. That the acts also constitute the minor offence under S. 53 of the Indian Post Office Act is no bar to the trial of the offence under S. 52 of the Indian Post Office Act and the respondent ought to have been tried for that offence. The order of acquittal is therefore set aside and the respondent will be tried in accordance with law.
Order set aside.
N.R.R