I cannot say if these articles were auctioned in the market.
Against each item he put a remark either O or N, O signifying old goods and N meaning new ones.
The companyviction was maintained by the Sessions Judge and the High Court.
Appeal by special leave from the judgment and order, dated October 5, 1967 of the Allahabad High Court, Lucknow Bench in Criminal Revision No.
S.R. Chari, R.K. Garg, R.A. Gupta and S.C. Agarwal, for the appellant.
R. Khanna and O.P. Rana, for the respondent.
CRIMINAL APPELLATE JURISDICTIONCriminal Appeal No.
It was the case for the prosecution that the appellant failed to offer any satisfactory explanation of his possession of the goods.
The search which took place in the presence of the appellant and the manager of the transport companypany revealed that a large number of parts of railway machinery railway engines bearing railway marks were companytained in 23 bags of metal scrap booked the same day by the appellant for companysignment to Jullunder.
One Jaswant Singh, described as an expert of railway machinery parts and Foreman and Chief Inspector of N.E. Kotwali Chowk, Lucknow, examined the goods said to be railway stores and kept in 11 bags and made a report to the effect that they were all railway stores being parts of a railway engine.
The Judgment of the Court was delivered by Mitter, J. In this appeal by special leave the appellant challenges his companyviction under s. 3 of the Railway Stores Unlawful Possession Act, 1955.
On the strength of the evidence adduced and principally on the report of Jaswant Singh along with his oral testimony the Magistrate found him guilty and sentenced him to imprisonment for two years.
152 of 1966.
65N of 1968.
The usual formality of preparing a recovery memo and the sealing of goods in bags in the presence of witnesses was gone through.
The report made by Jaswant Singh shows that he had examined the material which he classified under 38 heads and described the same as unauctionable property.
