STATE OF MAHARASHTRA versus VISHWANATH TUKARAM UMALE & ORS.

STATE OF MAHARASHTRA versus VISHWANATH TUKARAM UMALE & ORS.

For the purpose of section 3 of the Railway Property (Unlawful Possession) Act, 1966, proof that the accused 'had been' in possession of railway property at any point in time is sufficient to justify the framing of a charge, without the necessity of actual possession at the time of seizure. The High Court's view...

Source-derived case information.

Parties
Appellant: State of Maharashtra; Respondents: Vishwanath Tukaram Umale & Ors.
Jurisdiction
India
Judgment Date
02 August 1979
Procedural Posture
Criminal Appeal / Appeal by Special Leave From the Judgment and Order Dated 30 11 1972 of the Bombay High Court in Criminal Revision Application No. 701 of 1972
Outcome
Appeal allowed
Legal Topics
Unlawful Possession of Railway Property, Theft, Framing of Charge
Criminal Law Unlawful Possession of Railway Property Theft Framing of Charge

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Parties

State of Maharashtra

Appellant

Vishwanath Tukaram Umale & Ors.

Respondents

Procedural Posture

Criminal Appeal / Appeal by Special Leave From the Judgment and Order Dated 30 11 1972 of the Bombay High Court in Criminal Revision Application No. 701 of 1972

Legal Issues

  1. 1 Whether charges under section 3 of the Railway Property (Unlawful Possession) Act, 1966 should be framed against accused 1, 2, 5 and the absconding accused based on the prosecution's allegations
  2. 2 Whether possession under section 3 of the Act requires the accused to be found in actual possession at the time of seizure

Ratio Decidendi

For the purpose of section 3 of the Railway Property (Unlawful Possession) Act, 1966, proof that the accused 'had been' in possession of railway property at any point in time is sufficient to justify the framing of a charge, without the necessity of actual possession at the time of seizure. The High Court's view requiring actual contemporaneous possession is incorrect.

Court Disposition

Appeal allowed

Orders

  • Judgment of the Bombay High Court dated November 30, 1972 set aside
  • Trial court directed to frame a charge under section 3 of the Railway Property (Unlawful Possession) Act, 1966 against accused 1, 2, 5 and the absconding accused in addition to the already framed charges under sections 379/34 and 461/34 IPC