HIGH COURT OF ANDHRA PRADESH
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(1.) This revision is against the judgment dt. 12th May 1970 of
the Chief City Magistrate-cum-Additional Sessions Judge and District
Magistrate, Hyderabad, in Criminal Appeal No. 68/70 dismissing
the appeal of the accused,
(2.) The case of the prosecution is that on 4-11-1969 the accused
was caught red-handed while carrying four copper wire bundles in
a gunny bag. It is stated that P. C. 566 apprehended the accused
with the help of the Anantha Reddy (P. W. 4.) Thereafter the
accused was prosecuted on the basis of a police report under Sections
5 and 7 of the Telegraph Wires (Unlawful Possession) Act, 1950
(hereinafter called the Act), The First Class Magistrate, Vikarabad
on 20-3-1970 in C. Cs. 102 to 105 of 1969 by a common order
convicted the accused of the offences under Section 5 of the Act.
Aggrieved by the order of the learned Magistrate, the accused pre.
ferred an appeal to the Chief City Magistrate Hyderabad who
dismissed the appeal and confirmed the conviction and sentence
passed by the trial court.
(3.) In this revision which is preferred against the order of the
Chief City Magistrate, Hyderabad, Mr. Padmanabha Reddy the
learned Advocate for the petitioner contends that the judgments of
both the courts below are incorrect because there is no evidence
whatsoever produced on behalf of the prosecution to show that
the person who has filed the complaint, was the authorised officer
of the Central Government and as such the court ought not to have
taken cognizance of the offence punishable under the Act I see
some force in this contention. Section 5 of the Act provides penalty for
unlawful possession of telegraph wires and Section 7 of the Act provides
the procedure to be followed when a person is prosecuted for an
offence under Sec. 5 of the Act. Section 7 of the Act provides.
"No court shall take congnizance of any offences punishable
under this Act, save on complaint made by or under the
authority of the Central Government or by an officer specially
empowered in this behalf by that Government.";
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