UNION OF INDIA Vs. CHANDRASHEKAR

JUDGEMENT

(1.) Though the matter is posted for orders on IA No.1/2013, in view of the fact that this matter can be disposed on merits today itself, having regard to the averments made in the affidavit of one Mohammed Ismail, Additional Solicitor and Ex-Officio Deputy Secretary to Government, the delay of 109 caused in filing this appeal is condoned.

(2.) Heard Sri.G.M.Srinivasa Reddy, learned HGCP for State on the question of admission of the appeal.

(3.) Sri.G.M.Srinivasa Reddy, learned HGCP submits that, so far as merits is concerned, the prosecution has proved the case against the appellant for an offence under Section 3(a) of the Railway Properties (Unlawful Possessions) Act, 1966 by examining six witnesses and by producing Exs.P1 to 17. It is his submission that, the respondent/accused was charge sheeted for possessing a sum of Rs.16,164/- belonging to the railway department. It is further submitted by him that, since accused has admitted that he has remitted the cash after some time to the department as per receipt dated 22.10.2006 it is proved beyond reasonable doubt, that the accused was in unlawful possession of the property belonging to Government. Under the circumstances, he submits that, the Special Court for Economic Offences Bangalore ought to have convicted the respondent for the said offence.