The Hindu : Tamil Nadu News : Search warrant must in railway property theft cases: court

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Sunday, Jan 06, 2008
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Tamil Nadu

Tamil Nadu

Search warrant must in railway property theft cases: court

Staff Reporter

Mandatory under Section 10 of Railway Property Act, 1966

MADURAI: A person facing criminal charges for allegedly stealing railway property is entitled for acquittal if the Railway Protection Force (RPF) had searched his/her premises without a warrant, the Madras High Court has ruled.

Dismissing a criminal appeal filed before the Madurai Bench by RPF personnel at Golden Rock Central Railway Workshop in Tiruchi, Justice A. Selvam said it was mandatory to obtain a search warrant under Section 10 of the Railway Property (Unlawful Possession) Act, 1966.

“In the instant case, as rightly pointed out by the learned counsel appearing for the accused, no search warrant has been obtained…and that itself has cut the root of the prosecution case.

Since P.W. 1 (RPF Inspector) has not obtained any search warrant, the entire process alleged to have been done by him has become illegal. On that score alone, the accused are entitled to get acquittal,” he said.

The appeal was directed against an order passed by the Judicial Magistrate II in Tiruchirapalli on November 6, 1996, acquitting four persons accused of stealing insulated diesel coils from the workshop.

According to the prosecution, the coils were seized on August 17, 1993 from a shop owned by one of the accused.

Appeal dismissed

Mr. Justice Selvam also dismissed another appeal filed against the acquittal of a railway employee accused of stealing insulated copper conductors from the workshop on February 2, 1996.

There were no clinching documents to prove that the seized property belonged to the railways, he said.

“In fact, the prosecution has failed to file relevant documents to prove the alleged missing of M.O. 1 series (copper conductors). Since the prosecution has failed to prove the above factual aspect it is needless to say that the accused is entitled to get acquittal,” Mr. Justice Selvam said.

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