JANARDHAN SHOW Vs. STATE

JUDGEMENT

(1.) I agree with the order proposed by my learned brother Nandi, J. in his judgement following hereafter and the revision would accordingly succeed and the revisionist is to be acquitted in accordance with the said order. But I would have to state a few words lest some observations made in the judgement of Nandi, J. are taken too broadly.

(2.) Under Section 3 of the Railway Property (Unlawful Possession) Act, 1966, the possession of any railway property is made punishable as an offence if - (a) the property is "reasonably suspected of having been stolen or unlawfully obtained" and (b) the possessor cannot prove "that the railway property came to his possession lawfully".

(3.) "Possession", an expression which has caused many headaches to the Jurists and Judges throughout the ages, is a word of such protean, varied and almost versatile significance that to look for a comprehensive definition thereof to fit in with any and every piece of legislation is to be asking for the moon. The connotation would very often vary from legislation to legislation and the context in which the expression is used and the object sought to be achieved by and the policy behind the legislation in question are, among others, matters which are to be taken into consideration to ascertain the precise connotation of the expression.