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Railway Property (Unlawful Possession) Act, 1966

9 judgments · newest first · showing 1–9

UMESH CHANDRA AND 2 OTHERSversusSTATE OF U.P. AND 2 OTHERS

The applicants had purchased 210 eucalyptus trees through a railway tender and paid Rs.14.40 lakh. While collecting the trees on 9 November 2016, they were arrested by Railway Police and an FIR (Case Crime No.03 of 2016) was lodged under the Railway Property (Unlawful Possession) Act, 1966. The FIR …

OM PRAKASH SETHversusThe State of Bihar

DISPOSED

Om Prakash Seth was arrested after police recovered three railway IR plates from a plastic bag in his possession. He was convicted under Section 3 of the Railway Property (Unlawful Possession) Act, 1966 and sentenced to two years’ simple imprisonment by the Additional Judicial Magistrate, which was …

BHANKUL SAHversusThe State of Bihar

BAIL GRANTED

The petitioners, Bhankul Sah and Ramesh Kumar, were arrested for allegedly attempting to escape after being caught with 15 metres of aluminium cable and pendrol clips, alleged theft under Section 3 of the Railway Property (Unlawful Possession) Act, 1966. They claimed they were falsely implicated, …

OM PRAKASHversusSTATE OF U.P.

2008 INSC 85Dismissed

The appellant, a contractor, was caught unloading cast iron Grade‑I, defined as railway property, from a truck at a scrap yard. He claimed he was merely a laborer and not the owner, and sought reduction of his one‑year imprisonment, the minimum punishment prescribed under Section 3 of the Railway …

UNION OF INDIA AND ANR.versusSTATE OF ASSAM

2004 INSC 513Appeal(s) allowed

The Union of India appealed against a Guwahati High Court decision that held all offences under the Railway Property (Unlawful Possession) Act, 1966 to be bailable. The Supreme Court examined the proviso to Section 8(2) of the Act and clarified that it merely gives the railway officer two …

STATE OF BIHARversusBAIDNATH PRASAD@ BAIDYANATH SHAH AND ANR.

2001 INSC 528Leave Granted & Allowed

An FIR under Section 3 of the Railway Property (Unlawful Possession) Act, 1966 was filed in 1991 and a complaint was lodged before a Judicial Magistrate on 13‑01‑1992. After a series of revisions and a long period of inactivity—largely caused by the accused’s own challenges and absence—the case …

BALKISHAN A. DEVIDAYAL ETC.versusSTATE OF MAHARASHTRA ETC.

1980 INSC 144Dismissed

The appellant was charged under the Railway Property (Unlawful Possession) Act, 1966 for allegedly possessing railway property obtained through forged receipts. An RPF inspector recorded his statements during an inquiry, but the trial magistrate denied the appellant access to copies of documents and …

STATE OF MAHARASHTRAversusVISHWANATH TUKARAM UMALE & ORS.

1979 INSC 139Appeal(s) allowed

The State of Maharashtra prosecuted Vishwanath Tukaram Umale and others for stealing railway tyres and tubes from a wagon in transit. The prosecution alleged that accused 1, 2, 5 and an absconding accused had removed the tyres, sold them to accused 3, who later sold some to accused 4. The trial …