( 1 ) THE appellant was found guilty of offence under Section 3 of the Railway property (Unlawful Possession) Act, 1966. The said provision reads as follows:

"3. Penalty for unlawful possession of railway property. Whoever is found, or is proved to have been, in possession of any railway property reasonably suspected of having been stolen or unlawfully obtained shall, unless he proves that the railway property came into his possession lawfully, be punishable

(A) for the first offence, with imprisonment for a term which may extend to five years, or with fine, or with both and in the absence of special and adequate reasons to be mentioned in the judgment of the court, such imprisonment shall not be less than one year and such fine shall not be less than one thousand rupees;

(B) for the second or a subsequent offence, with imprisonment for a term which may extend to five years and also with fine and in the absence of special and adequate reasons to be mentioned in the judgment of the court, such imprisonment shall not be less than two years and such fine shall not be less than two thousand rupees. "

( 2 ) THE trial Magistrate for recorded reasons ordered the release of the appellant on pr