DURGA PRASAD Vs. STATE

JUDGEMENT

(1.) THIS application in revision raises an interesting question of law.

(2.) APPLICANT is employed as a Turner in the Railway Workshop at Gorakhpur. According to the prosecution, on 2-4-1968, at about 11-30 A. M. , there was recess and applicant while going out of the Work: shop for his lunch was found at the gate carrying a Jhola. He was checked and searched by the Rakshak on duty and one steel rod about was long weighing 900 grams and two pieces or moulded brass shells weighing about 1300 grams and 1 kilo respectively were recovered from his possession. A recovery memo was prepared at the spot and the applicant along with recovered articles was taken to Railway Protection Force Post, Gorakhpur where a case was registered against him.

(3.) SRI Gajai Singh, Sub-Inspector, Railway Protection Force investigated the case and on the basis of his investigation, applicant was tried for an offence Under Section 3 (a) of the Railway Property (Unlawful Possession) Act, 1966.