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.