KARORI MAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The Petitioner was tried, convicted and sentenced to imprisonment till the rising of the Court and a fine of Rs. 1000, in default further rigorous imprisonment for six months under section 3(a) of the Railway Property (Unlawful Possession) Act. His conviction and sentence were upheld by the lower appellate Court. He has come up in revision to this Court.

(2.) The case of the prosecution is that 2010 empty bomb shells were despatched from Suran Nussi. The destination where the shells were to reach was Ambernath. In a checking made by the authorities on 28th December 1973, at. Ferozepur it was found that 102 shells were missing. On 3rd January 1974, two empty shells were recovered from the petitioner in consequence of a disclosure statement made by him under section 27 of the Evidence Act, Those empty Shells bore the regular mark of the Army.

(3.) Mr. Ravinder Seth, learned counsel for the petitioner, has taken me through the statement of DW. 3 Gulab T-Jirani, Goods Foreman, Ambernath Railway Station, who stated in the Court that all the shells numbering 2010 booked from Suran Nussi for Deing delivered at Ambernath were received intact at Ambernath. He further stated that there was no, entry regarding shortage and that only two locks were found missing. In view of this positive evidence of the Department itself, I do not understand how the conviction of the petitioner could be recorded. Resultantly, I allow this revision and set aside the conviction and sentence of the petitioner. The fine, if recovered, would be refunded to him. Petition allowed.