STATE Vs. C P JEEVARATHINAM

JUDGEMENT

(1.) This is an appeal filed by the State against the order of the court of the Seventh Presidency Magistrate, Egmore, acquitting one C.P. Jeevarathinam of the offence under Section 3(a) of the Railway Property (Unlawful possession) Act of 1966. P.W. 1 is the Detective Inspector. On 21st August 1969 at about 4-45 p.m., he along with the Sub Inspector of Railway Protection force conducted a physical check of the accused while he was going home after the day's work through the guard room counter. He checked the accused in the presence of R. Kalyanasundaram, another electrical chargeman (not called as a witness). He found that the accused had concealed two paper bundles, one in rose colour tied with black thread in the hip pocket of his pants and the other red in colour tied with black thread in the side pocket of his pants which he was wearing then. In the presence of P.W. 2 and Kalyanasundaram he took out the bundles from out of the pants. On opening the bundles, he found two rolls of copper enamelled wire, one in brown colour and the other black in colour. All these material objects have been duly marked in the case.

(2.) P.W. 2, Raman Warrier is a maistry in the carriage works, Perambur He stated that as he was going through the guard room counter from the workshop after the day's work, P.W. 1 called him and took him to the guard room. The accused and Kalayanasundaram were standing there. The Inspector, P. W. 1 searched the accused in their presence. Two paper bundles were taken from the hip pocket and the left side pocket of the pants of the accused and when opened in their presence, they contained M. Os. 1 to 8. They were seized under Ex. P. 1 attested by P. W. 2, and Kalyanasundaram.

(3.) P.W. 3, Vasudeva Rao, Assistant Electrical Foreman, examined M. Os. 3, 4, 7 and 8 and certified that they were copper wires used in railways and that they were in the carriage workshop. Ex. P. 3 is his certificate.