S. K. MOHANTY, J.

( 1 ) THIS revision is directed against the order of conviction under section 120 (b) of the Indian Railways Act, 1890 and sentence of Rs. 30/-, in default to undergo simple imprisonment for three days, passed by the Judicial Magistrate, Second Class, Bhubaneswar, in G. R. Case No. 2545 of 1983.

( 2 ) IT has been found by the learned Magistrate that on 8. 12. 1983 at about 10p. M. at Khurda Road Railway Station when P. W. 3, a T. T. E. of the South Eastern Railway, took exception to the petitioners loading excess fish inside a wagon and wanted to report the matter to the Station Superintendent, the petitioners threatened to see him after office hours. On this finding the learned Magistrate has recorded the aforesaid orders of conviction and sentence.

( 3 ) THE two simple points urged on behalf of the petitioners are:i. Section 120 (b) of the Indian Rail ways Act does not provide a sentence of imprisonment in default of payment of fine and hence the default sentence imposed by the learned Magistrate is without jurisdiction and bad in law. ii. The aforesaid finding does not amount to an offence within the meaning of section 120 (b) of the Indian Railways Act.

(