JUDGMENT

P.K. Mohanty, J.— Heard the learned Additional Government Advocate for the State-appellant.

This Government Appeal is directed against the order of acquittal passed by the learned Judicial Magistrate. First Class, Cuttack in 2(c) CC No. 355 of 1983 Trial Case No. 170 of 1984), in a case under Section 3(a) of the Railway Property (Unlawful Possession) Act. 1966.

2.Briefly stated the prosecution case is that on 3-10 1983 at 2 a.m. while; P.Ws. 1 and 3 were performing their duty at Balikuda Railway Station, they found four persons running away from Northern side of the signal post of the railway station. They followed and focused torch-light on then but seeing them two of those persons who where holding bags threw the same on the ground. They seized the bags and produced the same before the Assistant Station Master. Balikuda Railway Station. On receiving telephonic call from the Assistant Station Master. Officer- in-charge R.P.F., Cuttack reached the spot. Written complaint (Ext. 1) was lodged and seven numbers of Signal Relays were produced before him. Respondent Babaji Charan Sahoo was apprehended on the very same day at 6 p.m. and on interrogation he is said to have admitt