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 32

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