MAINUDDIN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Revisionists Mainuddin, Kayamuddin and Jainuddin have filed the present revision challenging the judgment and order of Judicial Magistrate, Eastern Railway, Moghalsarai, Varanasi dated 29-3-1986 whereby the revisionists were convicted under Section 3-A of the Railway Property (Unlawful Possession) Act, 1966 (hereinafter referred to as the Act) and were sentenced to undergo 2 years' RI and the judgment and order in Criminal Appeal No. 64 of 1986 arising out of the judgment and order of the Judicial Magistrate Eastern Railway, Moghalsarai, Varanasi whereby the appeal was dismissed and the judgment and order of the trial Court was confirmed.

(2.) Briefly stated the facts are that on 3-2-78 an information was received at R.P.F. out post Moghalsarai that stolen railway property is stored in the shop of Mainuddin near Alinagar petrol pump. On this information SI Virendra Singh accompanied by Raj Deo Mishra, Virendra Kumar Shukla and others proceeded to the shop of Mainuddin. Information was also sent to the local police of Alinagar. Local witnesses namely Abdul Gafoor, Ram Nihor Prasad and Hari Shankar were called. Quamuddin the younger brother of Mainuddin was found present in Alinagar. The shop was locked. It was a unlocked by Quamuddin and thereafter the search was taken. In one gunny bag 4 pairs of shoes described in the seizure memo were recovered. Besides this, two drums were also found which were got checked and from one drum 13 'Thans' of Markeen and from other drum 15 Tnans of Markeen were recovered. On the first 13 thans there was marking to the following effect both English and Hindi :-

(3.) On the basis of the seizure memo a report Ex. Ka-2 was prepared and thereafter FIR Ex. Ka-3 was registered. Investigation of the case was done by Assistant Sub-Inspector Sri Hardeo Singh. During investigation the I.O. went to Dhule Textile Mills, Bombay and from enquiry it was learnt that 21 bundles of cloths were exported to Nepal by the said Mill. The recovered cloth was also in the said bundles. The I.O. had also enquired from North India Shole Factory Shahganj, Agra and it was revealed that 33 boxes of shoes were sent to Guwahati through RR No. 628319. During the investigation it was also found that the aforesaid goods were being transported through railway wagon No. ER-39339. On 31-1-78 at Buxer goods yard the seal of the wagon was found broken and out of 76 packages only 71 packages were found in the Wagon. Five packages were found short. The articles found in the shop of accused persons belonged to the said five packages which were being transported in the aforesaid railway wagon.