RAMSHRISHTA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner in this case was convicted by the Munsif-Magistrate under Section 3 (a) of the Railway Property (Unlawful Possession) Act, 1966 (hereinafter referred to as the 'Act1) and had been sentenced to undergo rigorous imprisonment for one year. His appeal to the Sessions Court was also dismissed by the Additional Sessions Judge and the order of conviction and sentence passed against him was affirmed. Hence, this application in revision.

(2.) The petitioner, who was an employee of the South Eastern Railway, was reported to have in his possession 90 (ninety) pieces of traction carbon brushes. On the 8th March, 1969, a raid was conducted by P.W. 3, along with P.Ws. 5 and 6, and the 90 pieces of traction carbon brushes were recovered from the possession of the petitioner. A seizure list was accordingly, prepared. P, Ws. 4 and 8 are witnesses to that seizure list.

(3.) The finding of the Court of appeal below is that these 90 pieces of traction carbon brushes belonged to the South Eastern Railway,