Judgment

SHINGHAL, J.:- This appeal by special leave is directed against the judgment of the Bombay High Court dated November 30, 1972, upholding the view of the trial Court and the Additional Sessions Judge of Jalgaon that it was not necessary to frame a charge under Section 3 of the Railway Property (Unlawful Possession) Act, 1966, hereafter referred to as the Act, against accused 1, 2, 5 and the absconding accused, and directing that a charge under that section may be framed as an alternative charge only against accused 3 and 4. The State of Maharashtra feels aggrieved because of the failure to frame a charge under the aforesaid Section 3 against the accused mentioned above.

2. It was alleged that seven tyres and seven tubes were booked from Wadi Bunder goods shed of the Central Railway on March 20, 1971, in wagon No. WR 35775. The seven tyres were stolen by accused 1, 2, 5 and the absconding accused, from the Down Yard of the Bhusawal railway station while in transit, and were kept in the hut of Ragho Motiram Birhade. Accused 1 sold seven tyres to accused 3 for Rs. 2700/-, and accused 3 removed them in his motor-lorry to Savda.He produced four tyres from his lorry, but three tyre