PARRE PRASAD RAO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The Petitioner accused is convicted under S. 5 of the Telegraph Wires (Unlawful Possession) Act, 1950 and sentenced a suffer R.I. for two years and on appeal confirmed by the Sessions Court.

(2.) The Station House Officer, Ongole Taluk Police Station, filed a charge sheet against the accused stating that, on 24-4-1981, 27-3-1981 and 12-5-1981 there were thefts of conductor cable wire used for telephone lines near Maddiralapadu village and that P.Ws. 1 and 2 gave complaints about the said thefts. The complaints were registered and investigation was taken up. On investigation and verification the accused was found in the possession of telephone wires and such wire is not available in the local market. Thereupon the accused was chargesheeted for the offence under S. 5 of the Telegraph Wires (Unlawful Possession) Act, (hereinafter referred to as the Act). On the basis of the evidence adduced by the prosecution, the learned Magistrate arrived at the finding that the accused was in unlawful possession of the wire, that such wire belongs to the Telephone Department and as such the accused is guilty of unlawful possession of telegraphic wire. As against the conviction and sentence by the learned Magistrate, an appeal was preferred and the learned Sessions Judge confirmed the conviction and sentence.

(3.) The learned counsel for the petitioner contends that the conviction and sentence pursuant to the charge-sheet filed by the Station House Officer, Ongole Taluk Police Station, is devoid of jurisdiction and the proceedings under the Act are vitiated in the absence of any complaint contemplated under S. 7 of the Act.