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1969 Supreme(Cal) 177

N.C.TALUKDAR
SUPERINTENDENT AND REMEMBRANCER OF LEGAL AFFAIRS, WEST BENGAL ON BEHALF OF THE STATE OF WEST BENGAL – Appellant
Versus
D. SURYA RAO – Respondent


Advocates Appeared:
AMICUS CURIAE, MUKTI MAITRA, PRASUN CHANDRA GHOSH

N. C. TALUKDAR, J.

( 1 ) THIS Rule is at the instance of the Superintendent and Remembrancer of Legal Affairs, West Bengal and is against an order dated the 11th September, 1968 passed by Shri A. K. Sen, Magistrate. 1st Class, Midnapur (S) in case No. 164 (S) of 1968/t. R. 1929/68 under Section 3 (a) of the Railway Property (Unlawful Possession) Act, 1966, allowing the prayer made on be half of the defence for granting copies of the documents and statements upon which the prosecution wanted to rely and rejecting the objection made on behalf of the prosecution in that behalf-

( 2 ) THE facts leading on to the Rule can be put in a short compass. At about 23 hours on 8-5-68 a General Diary was entered at the Nimpura R. P. F. Post Station Stating inter alia that at about 9-30 p. m. during the course of their patrol duty, some members belonging to the Railway Protection Force, referred to in the said diary, noticed the two accused in the company of some others proceeding towards the Bombay Road through the maidan close to the Rakha Jungle and nearby the Marshall Yard. When challenged by the R. P. F staff, they took to their heels and after a hot chase, the R. P. F. personnel managed to







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