RAMU ALIAS RAM BHAROSE Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS , revision has been filed by Ramu alias Ram Bharose challenging his conviction under Sections 5, 7 of the Telegraph Wires (Unlawful Possession) Act, 1950 and sentencing him to six month R. I.

(2.) THE facts of the case are that on February 7, 1970 the applicant and one Sadho were apprehended when they were coming with a Bori on their head. On seeing the Police the two accused tried to run away. Thereupon an alarm was raised by the police party and with the help of the witnesses the applicant was caught. On search being made, 16 coils long copper telegraph wire weighing 36 kilogram (Ex. 1) was recovered from the Bori. A recovery memo was prepared in the presence of the witnesses. Thereafter, the wire recovered from their custody was placed in a closed and sealed bundle. It was there-after sent to the expert for purposes of the examination who gave his report (Ex. Ka. 5.) stating that the wire found from the custody of the applicant and Sadho, was telegraph wire. Thereafter, the applicant was charge-sheeted for the offence under Section 5/7 of the Telegraph Wires (Unlawful Possession) Act, 1950 (hereinafter referred to as the Act).

(3.) THE Magistrate found the applicant guilty of the offence mentioned above and, therefore, sentenced him to six months' R. I. Aggrieved by the judgment of the Magistrate the applicant perferred an appeal before the Sessions Judge. The learned Sessions Judge also being of the same opinion dismissed the appeal and maintained the conviction and sentence of the applicant. Feel-ling aggrieved the applicant has come up to this Court. The first point raised by the learned Counsel for the applicant before me was that a visual appreciation of the colour and luster of the wire coupled with the measurement of the diameter is not sufficient to establish that the wire in question was copper wire which came within the prohibited category of telegraph wire as defined in Section 2(b) of the Act, and, therefore, the conviction of the applicant was bad in law. In order to appreciate the submission made by the learned Counsel for the applicant reference may be made to the definition of the words "telegraph wire" defined in Section 2(b) of the Act. The said definition runs as follows ;-