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1998 DIGILAW 1110 (ALL)

UGRASEN MISRA v. STATE OF UTTAR PRADESHAND OTHERS

1998-09-21

G.P.MATHUR, R.P.NIGAM

body1998
G. P. MATHUR, J. ( 1 ) THIS petition under Article 226 of the Constitution has been filed praying that the petitioner be not arrested in Case Crime No. 1 of 1997 under Section 3 of the Railway Property (Unlawful possession) Act. 1966 (hereinafter referred to as the Act) and be not given in custody of respondent No. 2. A further prayer has been made to release Truck No. UTY 4516. ( 2 ) THE documents filed along with the writ petition show that substantial railway property was stolen from near Majhiharl Railway Station on 27. 12. 1996. Radhey Shyam, accused was arrested at 0. 15 hours on 3. 1. 1997 and at his pointing out, a part of the stolen property was recovered. Subsequently four other accused were also arrested at 12. 00 a. m. on 3. 1. 1997. A case had been registered as Crime No. 1 of 1997 under Section 3 of the Act at the concerned police station. The investigation revealed that Truck No. UTY 4516, which was owned by Surya Bhan Misra, who is father of the petitioner Ugrasen Misra, was used in transporting the stolen articles. The aforesaid Truck was seized by the Investigating Officer and on 7. 1. 1997 the petitioners father moved an application before the concerned Railway Magistrate, Banda, for release of the Truck. ( 3 ) SRI Viresh Misra, learned counsel for the petitioner has submitted that any offence under the act is not cognizable in view of Section 5 of the Act and, therefore, the respondent No. 2 has got no authority to arrest the petitioner. He has further contended that the seizure of the Truck is wholly illegal. ( 4 ) IN order to appreciate the contentions raised, it will be convenient to refer to certain provisions of the Act. The relevant part of Section 2 and Section 6 of the Act are being reproduced below : "section 2. In this Act, unless the context otherwise requires. (a) "force" means the Railway Protection Force constituted under Section 3 of the Railway protection Force Act, 1957 (XXIII of 1957) ; (b) "member of the Force" means a person appointed to the Force, other than a superior officer ; (c) "officer of the Force" means an officer of and above the rank of Assistant Sub-Inspector appointed to the Force and includes a superior officer :" "section 6. Power to arrest without warrant.--Any superior officer or member of the Force may. without an order from a Magistrate and without a warrant, arrest any person who has been concerned in an offence punishable under this Act or against whom a reasonable suspicion exists of his having been so concerned. " the record shows that the arrest of the accused was made by Sri Visram Singh. Assistant sub-Inspector. R. P. F. . P. S. Manikpur. Section 6 of the Act clearly empowers any member of the railway Protection Force to arrest any person who has been concerned in an offence punishable under the Act or against whom a reasonable suspicion exists of his having been so concerned. In view of this clear provision, there is no legal impediment in the way of arresting the petitioner as the investigation revealed that it was he who was driving the Truck on which the stolen goods were transported. ( 5 ) SECTION 4 provides that any owner or occupier of land or any agent of such person who wilfully connives at an offence against the provisions of the Act shall also be punishable with imprisonment which may extend to five years. Sub-section (2) of Section 8 provides that an officer of the Force may exercise the same powers as Incharge of the Police Station may exercise under the Code of Criminal Procedure when investigating a cognizable case. Section 10 empowers an officer of the Force to make an application to the Magistrate for issue of a search warrant and the Magistrate may authorise any officer of the Force to enter or search any place and to take possession of any railway property which he reasonably suspects to be stolen or unlawfully obtained. Section 13 empowers the Court to forfeit any vehicle or conveyance which has been used in carrying the property regarding which an offence has been committed under the act. In view of these provisions, the authorities of the Force or the respondent No. 2 have got the power to arrest the petitioner and to seize the Truck. ( 6 ) FOR the reasons mentioned above, there is no merit in this petition which is hereby dismissed at the admission stage. .