- (1.) The petitioners, on being found guilty under Section 3(a) of the Railway Property (Unlawful Possession) Act, 1966 (for short 'R.P.(U.P.) Act'), were sentenced to a minimum period of one year. R.I. as contemplated under the said section. The appellate Court confirmed the order of conviction and sentence.
(2.) The allegation against the petitioners is that on 26-6-1983 at about 4.40 hours, when P.W.2, L.B. Dubey, the Sub-Inspector, and his raiding party consisting of R.P.F. officials, after conducting a raid were returning and found the petitioners carrying two bundles on their shoulders and on being questioned, they could not give any satisfactory explanation. When the bundles were opened it was found that petitioners were carrying two long tie bars belonging to the Railways. A seizure list was prepared and the seized articles were sent for examination. P.W.6 Tarani Kumar Mukherjee, an expert, examined the seized articles and gave his report which is marked as Ext. 7. It is his opinion that the seized property belongs to the Railways. Thereafter, the petitioners were charged and convicted as stated above.
(3.) Learned counsel appearing for the petitioners submits that P.W.6 did not give any evidence to the effect that the seized property belongs to the Railways and, therefore, the trial Court ought to have acquitted the petitioners under Section 3(a) of the R.P.(U.P.) Act, 1966.;