STATE OF ORISSA Vs. SUBASH PRASAD

JUDGEMENT

(1.) HEARD the parties and the Government Appeal is dismissed for the reasons indicated below.

(2.) ACCUSED -Respondent was prosecuted in the court of the J.M.F.C., Panposh for the offence under Section 3(a) of Railway Property (Unlawful Possession) Act, 1966 (in short 'the Act, 1966') on the allegation that while going on a motor cycle he was found carrying a gunny bag containing some Railway properties. In course of the trial, those properties were marked M.Os. I to XV. Amongst those articles coupling were marked M.Os. I and II, Fish -Plates as M.Os. III, IV and XV and Steel Keys as M.Os. V to XIV. Prosecution examined four witnesses in support of its case. Out of them, P.W. Nos. 1 and 4 were the Official witnesses who participated in detection of the case and seizure of the property and P. W. Nos. 2 and 3 are the other Official witnesses who examined the seized articles and opined in their reports respectively marked as Exts. 4 and 5 that such property belongs to the Railway Department and not available in open market nor in auctionable condition.

(3.) LEARNED Standing Counsel argues that evidence of P.W. Nos. 2 and 3 in identifying the articles as the railway property cannot be questioned because of their corroborating evidence and occupation in the Railway Department. Learned counsel for the respondents does not dispute to that argument.