- (1.) This is an appeal against the judgment of VIII Metropolitan Magistrate, George Town, Madras, in C.C.No. 9336 of 1979 releasing the accused herein under section 4(1) of the Probation of Offenders Act, in respect of an offence under section 3(a) of the Railway Property (Unlawful Possession) Act, 1966.
(2.) The accused herein was found to be in possession of three iron couplings, the value of which is not known, belonging to the Railway, and on being charged under section 3(a) of the Railway Property (Unlawful Possession) Act, 1966, he pleaded guilty to the charge, and P.W.1, Sub Inspector of Railway Protection Force, who is the complainant, was also examined, to bring home the guilt of the accused. The learned Magistrate invoked section 4(1) of the Probation of Offenders Act and released the accused on condition that he should keep good behaviour for a period of one year on his executing a bond for Rs.1,000.00.
(3.) The contention of the learned Public Prosecutor is that the judgment of the lower Court is not sustainable on account of the following reasons: Under section 14 of the Railway Property (Unlawful Possession) Act, 1966, the provisions of the said Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force. In view of this section, the provisions of Probation of Offenders Act are not applicable to proceedings under the Railway Property (Unlawful Possession) Act, 1966. In any event, section 3 of the Railway Property (Unlawful Possession) Act, 1966 provides for a minimum sentence of imprisonment even for the first offence, and as such, the release of the accused under section 4(1) of the Probation of Offenders Act is illegal.;