JOSEPH KURIAN Vs. NANDKISHOR LAXINARAYAN AGARWAL

JUDGEMENT

(1.) The appeal is filed against judgment and order of R.C.C. No. 11/1998, which was pending in the Court of Judicial Magistrate, First Class, Railway, Aurangabad. The respondents are acquitted of the offence punishable under section 3(A) of Railway Property (Unlawful possession) Act, 1966. Both the sides are heard. This Court has perused the original papers.

(2.) In short, the facts leading to the institution of the appeal, can be stated as follows:-

(3.) During search, Kurian recovered 77 pieces of rail which came to be described as R. 90 - 64 pieces and 52 k.g. rails - 13 pieces. As per the formula of Railway Department, Kurian calculated the weight of these pieces and the weight was approximately 11.5 Metric tones. Accused No. 1 could not produce any document to show about possession in respect of these pieces and so the pieces came to be seized under the panchanama. Statement of accused No. 1 came to be recorded. Accused No. 1 promised to show the relevant record subsequently.