ABDUL KADIR Vs. STATE

JUDGEMENT

(1.) THESE revisions are filed by the accused against his conviction and sentence in two cases arising under Ordinance 19 of 1944 called Railway Stores (Unlawful Possession) Ordinance, 1944.

(2.) CLAUSE 3 of that Ordinance provides that whoever is found or is proved to have been in possession of any article of railway stores, shall unless he proves that the article came into possession with him lawfully be punishable with imprisonment for a term which may extend to five years or with fine or with both.

(3.) IN this case some belts belonging to the railway company were found in the possession of P. W. 3's brother, who is the owner of a rice mill at Karur. According to the prosecution, these belts were purchased by P. W 3 from the accused. The trial Magistrate, as well as the Sessions Judge in appeal accepted his evidence, as it was supported by the testimony of two other persons, P. Ws. 4 and 5. There is no reason for this Court to interfere with the findings of fact, that is to say, that these belts were purchased by P. w. 3 from the accused. In other words, it must be taken to have been established that the accused was found to be in possession of railway stores within the meaning of Clause 3 of the said Ordinance.