AWADESH ALIAS AWDHIS AND ANR. Vs. STATE

JUDGEMENT

(1.) THE Petitioners have been convicted under Section 3 (a) of the Railway Property (Unlawful Possession) Act, 1966 and released under Section 3 of the Probation of Offenders Act, 1958.

(2.) BY order dated 26.10.1992, a learned Single Judge of this Court issued notice to the Petitioners calling upon them to show cause as to why the direction for their release under the Probation of Offenders Act shall not be substituted by substantive sentence because the provisions of Probation of Offenders Act, 1958 are not applicable to the offence punishable under the Railway Property (Unlawful Possession) Act, 1966.

(3.) THE plea of the Petitioners was one of complete denial. According to them they were working as skid porters under the local railway administration and at the relevant time there was change of shift duty and thus they were talking with one another and the case was falsely foisted at the instance of the R.F.F. staff.