MOYALAL ROSTAGIR Vs. STATE
HIGH COURT OF CALCUTTA
Referred Judgements :-
REX V. CARR-BARIANT
CHANG CHUNG CHING V. KING EMPEROR
MAHARATHI PROSAD V. THE STATE
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(1.)THE petitioner Moyalal Rostagir alias Maya Lal Rustogi has been convicted by a Magistrate of the first class at How rah under section 3 of the Railway Stores (Unlawful Possession) Act, 1955, and sentenced to suffer rigorous imprisonment for six months. The seized goods were directed to be returned to the Eastern Railways. The petitioner took an appeal to the Sessions Judge who dismissed the same.
(2.)THE case for the prosecution briefly was that on the 25th of June, 1957, a Sub-Inspector of Police attached to the Criminal Investigation Department conducted a search of the godown of the petitioner on the strength of a search warrant. Certain properties said to belong to the Railway Administration were recovered at the search. An information was lodged with the Bally Police which resulted in an investigation and eventual charge-sheet. The case for the prosecution was that the petitioner had been found in possession of articles of railway stores suspected of being stolen or unlawfully obtained and he had not been able to account satisfactorily for their possession.
(3.)THE petitioner pleaded not guilty and his defence was that he had purchased in open market the articles in question. He produced a receipt, Exhibit A and examined the seller from whom he had purchased the goods as a defence witness. The courts below held that the elements of the offence charged had been established against the petitioner.
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