S SANKARALINGAM Vs. STATE REP

JUDGEMENT

(1.) Sankaralingam, the petitioner herein has filed this application under Section 482 of Cr. P.C. seeking to quash the proceedings initiated against him by the respondent, the Inspector of Police, Railway Protection Force (RPF) in C.C. No. 139/1999 on the file of the Judicial Magistrate-I, Ponneri for the offence under Sec. 3(a) of the Railway Property (Unlawful Possession) Act, 1966.

(2.) According to the prosecution, that on 1-7-1998, on receipt of reliable information, the Inspector, RPF, Crime Intelligence Branch, Chennai Division along with his party proceeded to Sri Lakshmi Steel Re-rolling Mills, Manali Express Highway, Eranavur, Chennai-600057 where railway materials are unlawfully stored, after sending advance intimation to the Court and conducted investigation and found that 10 Nos. of Rail pieces were possessed unlawfully and recovered them. Accused 1 and 2 were arrested, as they were the persons available on the spot. The statement of accused 1 and 2 were recorded. A case in Crime No. 4/98 was registered under Section 3(a) of the Railway Property (Unlawful Possession) Act.

(3.) During the course of search, the petitioner/3rd accused was not available. On 2-7-1998, Venkatesan, Section Engineer, Permanent Way, Tondiarpet (M) Yard was examined. He issued a certificate stating that the rails recovered were the property of Indian Railways. His statement was also recorded. On 7-7-1998, Mohd. Ameer Khan, Sr. Section Engineer, Permanent Way, Ponneri was examined. He also gave a statement to the effect that the rails recovered are the property that were reported to be missing on 2-7-1998. On 13-7-1998, the petitioner herein appeared and gave a statement. At that time, the petitioner could not give any satisfactory account for the possession of property seized from the said Sri Lakshmi Steels Re-rolling Mills.