RADHEY AHIR Vs. STATE OF U.P.

JUDGEMENT

(1.) This is a revision by Radhey Ahir against his conviction Under Sec. 3 of the Railway Property (Unlawful Possession) Act 1966 and the sentence awarded thereunder of eighteen months' RI. The conviction and sentence awarded by the Special Railway Magistrate by his order dated 23 -5 -1969 has been affirmed in appeal by the learned Sessions Judge by his order dated 14 -4 -1970.

(2.) The Applicant was a porter employed by the Railway Contractor in the transhipment Yard, Moghul Sarai. On 23 -7 -1968 he was found in possession of eight cycle tubes which the Applicant had wrapped round his waist. The eight cycle tubes recovered from the person of the Applicant were taken out of some parcel which was being transhipped in Wagon No. NR 70465.

(3.) After the necessary investigation the Applicant was prosecuted on the basis of evidence of three witnesses of recovery namely, S.D. Mazumdar (PW 1), Shiv Shanker Misra Rakshak (PW 2) and Makund Lal (PW4). On the basis of the evidence of the three recovery witnesses and the other evidence on record, the Applicant was convicted and sentenced as stated above.