HAZARA SINGH Vs. STATE

JUDGEMENT

(1.) DALIP Singh and Hazara Singh, who were working as Sainiks of the Railway Protection Force at Jullundur, were proceeded against under Section 120 of the Indian Railways Act for being found in a state of intoxication and quarrelling and abusing each other and creating nuisance at Hmira Railway platform, on 20th October, 1961, at about 8-30 p. m. Half a bottle of liquor was recovered from the possession of Hazara Singh petitioner. On medical examination, the doctor found that he was smelling of alcohol. The petitioners before the learned trial Magistrate ultimately stated that they had committed the offences alleged. This was accepted as a plea of guilty and both of them were convicted under Section 120 of the Railways Act and sentenced to pay a fine of Rs. 5/- each or to undergo seven days' rigorous imprisonment in default of the payment of fine. A revision filed by Hazara Singh was forwarded by the learned Sessions Judge, Kapurthala, recommending that their conviction and sentence be sot aside on the ground that Section 120 was not applicable to the railway servants acting as such. The matter went before a learned Singh Judge, who, finding that there was a conflict of authority on the point, referred the case to a larger Bench.

(2.) SECTION 120 of the Railways Act, no doubt, i9 couched in very general terms and is as follows:

(3.) THIS was the only point in the reference. It is, therefore, not necessary to send the case back to the learned Single Judge. 1 would, consequently, accept the revision, quash the proceedings and set aside the convictions and sentences of the petitioner and Dalip Singh. Tine, if paid, shall be refunded. D. Falshaw, C. J.