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1984 Supreme(Gau) 84

K.N.SAIKIA
KIRAN CHANDRA DAS – Appellant
Versus
STATE OF ASSAM – Respondent


JUDGEMENT

The petitioner challenges his conviction under S. 3(a) of the Railway Property (Unlawful Possession) Act, 1966. On a report submitted on 13-5-75 by R.P.F. Assistant Inspector, Dibrugarh, alleging that 500 grams of brass bearings belonging to the Railway were recovered from the possession of the petitioner; a case was registered under S. 3(a) of the Railway Property (Unlawful Possession) Act, 1966, hereinafter referred to as 'the Act'; and after investigation the petitioner was charged under that Section and was found guilty by the trial Court, which convicted and sentenced him to pay a fine of Rs. 1000/-, in default, to undergo rigorous imprisonment for one month and on appeal the conviction was upheld but the sentence was reduced to a fine of Rs. 200/-, in default, to rigorous imprisonment for one month. Hence this revision petition.

2. Mr. D. N. Barua, the learned counsel for the petitioner, submits, inter alia, that the impugned judgment of conviction and sentence is bad in law, inasmuch as the prosecution failed to prove that the alleged brass bearings were Railway property or that those were seized from the possession of the petitioner or even that the alleged article










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