MUHAMMED SARDAR Vs. STATE OF KERALA

JUDGEMENT

(1.) Revision petitioner is the 1st accused in C.C. No. 238 of 1999 on the file of Additional Chief Judicial Magistrate Court, Ernakulam prosecuted along with five other accused for an offence punishable under Section 3(a) of the Railway Property (Unlawful Possession) Act, 1966 (in short, "the Act").

(2.) Gist of allegations is that during the night on 07.01.1991, accused 2 to 6 committed theft of 18 number of rail pieces from the premises of Pachalam Railway Gate. It was disposed to the revision petitioner, who is a businessman dealing with scrap iron. He disposed the same to third parties for a sum of Rs. 7,500/-. Prosecution contended that the properties involved in the theft were rails used by the Indian Railway and five fish plates belonging to Indian Railway.

(3.) Heard the learned counsel for the revision petitioner and the learned Public Prosecutor.