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september 1969

Supreme Court of India · 1969-09-02

KASHMIRI LAL vs STATE OF UTTAR PRADESH

Citation / case number
SC 1968/60069
Court
Supreme Court of India
Petitioner
KASHMIRI LAL
Respondent
STATE OF UTTAR PRADESH
Bench
MITTER, G.K.

Judgment text excerpt

The Supreme Court held that for a conviction under Section 3 of the Railway Stores (Unlawful Possession) Act, 1955, the prosecution must prove that the articles in possession are 'railway stores' as defined in Section 2, which includes being the property of a railway administration and intended for railway use. The Court found that the evidence did not establish that the goods were intended for railway construction, operation, or maintenance, leading to the conclusion that the charge must fail. The conviction was overturned, and the appellant was acquitted.

KASHMIRI LAL vs STATE OF UTTAR PRADESH · Niyam