UGRASEN MISRA Vs. STATE OF U P

JUDGEMENT

(1.) This petition under Article 226 of the Constitution has been filed praying that the petitioner be not arrested in Case Crime No. 1 of 1997 under Section 3 of the Railway Property (Unlawful Possession) Act. 1966 (hereinafter referred to as the Act) and be not given in custody of respondent No. 2. A further prayer has been made to release Truck No. UTY 4516.

(2.) The documents filed along with the writ petition show that substantial railway property was stolen from near Majhiharl Railway Station on 27.12.1996. Radhey Shyam, accused was arrested at 0.15 hours on 3.1.1997 and at his pointing out, a part of the stolen property was recovered. Subsequently four other accused were also arrested at 12.00 a.m. on 3.1.1997. A case had been registered as Crime No. 1 of 1997 under Section 3 of the Act at the concerned police station. The investigation revealed that Truck No. UTY 4516, which was owned by Surya Bhan Misra, who is father of the petitioner Ugrasen Misra, was used in transporting the stolen articles. The aforesaid Truck was seized by the Investigating Officer and on 7.1.1997 the petitioner's father moved an application before the concerned Railway Magistrate, Banda, for release of the Truck.

(3.) Sri Viresh Misra, learned counsel for the petitioner has submitted that any offence under the Act is not cognizable in view of Section 5 of the Act and, therefore, the respondent No. 2 has got no authority to arrest the petitioner. He has further contended that the seizure of the Truck is wholly illegal.