1. - Though a copy of the learned Sessions Judge, Jaipur dismissing the application under Section 438, Cr. PC moved by the Accused-petitioner has not been furnished, because the same could not be available as a result of the strike of the employees it is contended by the learned Counsel for the petitioner that the learned Sessions Judge has dismissed the application on the ground that the offence under Section 3 of the Railway Property (Unlawful Possession) Act, 1966 (for short, the Act) is a bailable offence, and to such offence provisions of Section 438, Cr. PC are not applicable.

2. In my opinion, if that view has been taken by the learned Sessions Judge, as stated by the learned Counsel for the petitioner at bar, it does not appear to be in accordance with law. Offence under Section 3 of the Act in case of the first offence is punishable with imprisonment for a term which may extend to 5 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 1 year & such fine shall not be less than Rs. 1,000/-. For the second or a subsequent offence the imprisonment can e