obtained by the person entrusted with it but subsequently Dishonestly
Misappropriated by him in breach of his trust. See also the case of J. M.
AKHANEY VS STATE OF BOMBAY [AIR 1956 SC 575], which clarified that
this Term does not contemplate the Creation of a Trust with all the
Technicalities of the Law of Trust. It contemplates the creation of a
relationship whereby the owner of Property makes it over to another person
to be retained by him until a certain contingency arises or to be disposed of
by him on the happening of a certain event."
Under our Laws, Public Servants, who are entrusted, have positions of
greater responsibility more than the General Populace. This is because of the
Special Status and the Trust, which a Public Servant enjoys in the eyes of the
Public, as a Representative of the Government or Government Owned
Enterprises. The Entrustment to him need not be expressed, it could be
implied. See the recent cases of B. D. PATEL VS STATE OF GUJARAT & ON
20 APRIL (2017) R/CR.MA/19007/2014 ANDSUPERINTENDENT AND
REMEMBRANCE OF LEGAL AFFAIRS V SK ROY AIR 1974 SC 794, (1974)
CR.LJ 678 (SC), where it was held by the Supreme Court of India, that it is
the ostensible or apparent scope of a Public Servant’s Authority when
receiving the Property that has to be taken into consideration.
The Public may not be aware of the technical limitations of his Powers under
some technical limitations of the Internal Rules of the Department or Office
concerned. It is the use made by the Public Servant of his Actual Official
Capacity, which determines whether there is sufficient nexus or connection
between the acts complained of and the Official Capacity, so as to bring the
act within the scope of the Section.
The Defendant as Governor was Dominus Litis over Taraba State Funds, and
only he could grant Approvals for Disbursements. Therefore, it connotes that
the Defendant held the “Property” (Funds) for and on behalf of the Person
offering it to him, i.e. the Citizens of Taraba State and the Federal
Government through Consolidated Funds. The implication of the word
‘Entrustment’ is that the person handing over the Property continues to be
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