MAHABOOB BATCHA Vs. STATE

JUDGEMENT

(1.) This Criminal Revision is by the accused in C.C. 85/ 84 on the file of the Judicial First Class Magistrate, Tiruchirapalli, challenging his conviction for an offence under Section 3 of the Railway Property (Unlawful Possession) Act, 1966 (hereinafter referred to as the act) and the sentence of imprisonment for a period of 1 year, confirmed by the learned Sessions Judge, Tiruchirapalli in C.A. 210/ 85.

(2.) The gravamen of the charge against the petitioner was that on 13-10-1983 at 4.30 p.m. he was in possession of 5 AC chairs marked as M.O. 2 series kept in M.O. 3 gunny bag and tied to the carrier of M.O. 1 cycle.

(3.) The prosecution is briefly as follows:-- P.W. 1, the Inspector alongwith P.W. 4 the Goods Yard Sub-Inspector and one Natarajan P.W. 2 were coming along the Mudukkupatti overbridge, when they saw the petitioner coming pushing M.O. 1 bicycle, in the carrier of which, a gunny bag with its contents was tied. P.W. 1 stopped the petitioner and opened the gunny bag and found it to contain 5 A.C. chairs M.O. 2 series belonging to the railway. On a reasonable suspicion, he arrested the petitioner and seized the articles under Ex.P. 1 mahazar. He questioned the petitioner and recorded his statement as per Ex. P. 2. A case in crime No. 29/ 83 of Tiruchirapalli Goods Yard was registered. M.O. 2 series were sent to P.W. 3 the Permanent Way Inspector, who examined them certified them to be railway properties. Ex.P.3, is his certificate. After completing investigation, charge sheet was laid.