Das Gupta, J. - (1.) The appellant was convicted Under Section 5 of Act LXXIV of 1950. (The Telegraph Wires (Unlawful Possession) Act, 1950).
(2.) The prosecution case was that he was on 9-9-1953 in possession of a quantity of telegraph wires which were the property of the Post and Telegraph Department of the Central Government. The accused pleaded not guilty. 'Telegraph Wire' has been defined in the Act as "copper wire of any one of the following gauges commonly used in telegraph lines, namely, one hundred and fifty pounds per mile, two hundred pounds per mile or three hundred pounds per mile."
(3.) We have no hesitation in agreeing with the learned Magistrate that the evidence given by witness No. 4 and the Court witness as regards the weight of the wire found should be accepted and on the evidence it should be held to have been proved that the wires were 'telegraph wires' within the meaning of Section 2(b) of the Telegraph Wires (Unlawful Possession) Act, 1950.;