UDAYA DALAI Vs. STATE

JUDGEMENT

(1.) THE two petitioners were convicted under Section 3 of the Railway Stores (Unlawful Possession) Act, 1955 and sentenced to undergo rigorous imprisonment for four months each, by the Sub -Divisional Magistrate, Chatrapur and their appeal was also dismissed by the learned Sessions Judge.

(2.) THE prosecution case was that on 18.2.1961 at about 1 a.m. the A.S.I. of Police, Rambha with some of his staff, detected a bullock cart coming on the road accompanied by the 2 petitioners. The bullock cart was immediately seized and railway materials consisting of iron sleepers, tie bars etc. were found in the cart. They were then sent up for trial for the aforesaid offence and convicted.

(3.) IT is true, as urged by Mr. Murty, that before the petitioners can be convicted under Section 3 of the Railway Stores (Unlawful Possession) Act 1955, the prosecution must affirmatively establish that (i) the articles were the property of any railway administration and (ii) they were used or intended to be used in the construction, operation or maintenance of a railway (see Section 2 of the Act). If these ingredients are established and the prosecution further proves that the accused persons were in possession of such articles then by virtue of Section 3 of that Act, the burden would shift on the accused persons to account satisfactorily as to how they came into possession of the same.