STATE OF MAHARASHTRA Vs. RAMJAN ADBUL MASALMAN

JUDGEMENT

(1.) The State preferred this appeal against the order of acquittal passed by the learned Chief Judicial Magistrate, Thane in Summary Case No. 6103 of 1984 acquitting the respondent Ramjam Abdul Musalman of the offence under section 124 of the Bombay Police Act.

(2.) The Police Head Constable Bhimrao Mahadu Mahajan along with other constable was on patrolling duty on Sion-Panvel way on 21-8-1984 at about 1.30 P.M. At that time they noticed the accused (respondent) carrying 17 Iron pipes of 1/2 inch diameter and of length 10 feet of each on a handcart. On a street by the side of Sion-Panvel Road near Vashi when interrogated the accused did not give satisfactory explanation in respect of his possession of those iron pipes. Therefore, the complainant Head Constable suspected them to be stolen property fraudulently obtained and in the presence of two panchas seized the property after drawing a panchanama. They took the accused and the property at the Police Station, Turbhe. The Head Constable submitted his report along with the panchnama and also produced the accused and the property at the Police Station. After necessary investigation the respondent was prosecuted in the Court of the Chief Judicial Magistrate. Thane, for the offence under section 124 of Bombay Police Act. The learned trail Judge on considering the evidence produced by the prosecution found that the charge levelled against the accused was not priced and therefore, he acquired the accused of the offence under section 124 of the Bombay Police Act and ordered the property to be returned to the accused.

(3.) Feeling aggrieved the State has come up in appeal.