State By Cbi vs K.Chandrika, I.R.S on 1 December, 2014
In Hori Ram Singh v. Emperor [ AIR
1939 FC 43 : 1939 FCR 159] the medicines had
not been entered in the stock book, and were
removed by the accused to his residence, and the
CBI No. 01/15 Page 36 of 64
State through CBI v. S.K. Garg and others
charge against him was that in so removing them
he had committed misappropriation. It was no part
of the duty of the accused to remove medicines to
his house, and he could not claim that he did so by
virtue of his office. He could have made such a
claim if he had, let us suppose, entered the
medicines in the stock books and shown them as
expended in the hospital. But, on the facts, no
official act was involved, and that was why
Varadachariar, J. observed that,
"... so far as the charge under Section 409 was
concerned, the acts in respect of which he was
intended to be prosecuted could not be regarded
as acts done or purported to be done in execution
of his duty".