The respondent herein was convicted for an offence under Section 3(a) of the Railway Property (Unlawful Possession) Act and released under Section 4(1) of the Probation of Offenders Act on his bond for Rs. 300/- with two sureties to be of good behaviour for a period one year by the Additional First Class Magistrate, Trichirapalli. The State in this revision contends that Section 3 of the Act provides for a minimum sentence and that as such the Court below erred in releasing him under the Probation of Offenders Act.

2. Clause (a) of Section 3 of the Railway Property (Unlawful Possession) Act, 1966 states that unless for adequate reasons to be recorded in the judgment, the Court shall impose on the person convicted under Section 3 a sentence for a minimum of one year with a fine of Rs. 1000/-. The question which arises for determination is as to whether despite the fact that a minimum sentence of imprisonment with fine having been prescribed by the Legislature for a person found guilty under Section 3 of the Railway Property (Unlawful Possession) Act, the Court can still resort to the provisions of the Probation of Offenders Act. This Act, as pointed out by the Supreme cou