BHAGWAT RAJARAM PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. By consent, rule is made returnable forthwith. By consent, heard finally. The applicant is an accused in Regular Criminal Case No. 20/2000, pending before the Judicial Magistrate (First Class) [Railways], Bhusawal. The allegation against him is that, he has committed an offence punishable under Section 3(a) of the Railway Property (Unlawful Possession) Act, 1966 [For short, "RPUP Act"].

(2.) It is alleged in the complaint filed by one Ramjilal Tomar, Inspector, Railway Protection Force, Jalgaon, that on 18-7-1999, upon secret information received from the Head of the Railway Protection Force [For short, "RPF"], a raid was carried out at the premises of Dunhill Bright Bars Pvt. Ltd., situated at Manyarkheda, Jalgaon, where a rolling mill is being run. A number of items of railway property were found lying in the premises. Inquiries were made with the petitioner, who is the owner of the said rolling mill, as to the said material, and his statement was recorded. The petitioner stated that, the property found by the RPF Officers had been purchased by him in an auction. The petitioner produced the documents showing how he had acquired the property. However, out of the said items of property, the petitioner could not produce any documents in respect of two rail line pieces, a narrow gauge rail line piece, a wagon couple uncouple rod and a wagon spring. These articles were totally weighing about 50 Kgs. and were valued at about Rs. 400/-. These articles were taken charge of, by holding the same to be the railway property, which was in the unlawful possession of the petitioner. After carrying out investigation, a complaint alleging commission of an offence punishable under Section 3(a) of the RPUP Act has been filed against the petitioner and, as aforesaid, the case is pending.

(3.) I have heard Mrs. Rashmi S. Kulkarni, the learned Counsel for the petitioner, and Mr. S.R. Palnitkar, the learned Additional Public Prosecutor, for the respondents - State. With the assistance of the learned Counsel for the petitioner, I have gone through the petition and the annexures thereto. I have carefully gone through the notes of evidence, as adduced before the Magistrate, copies of which are annexed to the petition.