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august 1974

Supreme Court of India · 1974-08-23

STATE OF U.P. vs DURGA PRASAD

Citation / case number
SC 1972/60215
Court
Supreme Court of India
Petitioner
STATE OF U.P.
Respondent
DURGA PRASAD
Bench
CHANDRACHUD, Y.V.

Judgment text excerpt

The Supreme Court held that the enquiry under Section 8(1) of the Railway Property (Unlawful Possession) Act, 1966, is not an investigation as defined by Section 162 of the Criminal Procedure Code. The Court clarified that the Act's provisions, particularly Sections 5 and 14, take precedence over the Code in case of inconsistency. The Court restored the Sessions Court's judgment, finding sufficient evidence of the respondent's unlawful possession of railway property under Section 3(a) of the Act, thus overturning the High Court's acquittal.

STATE OF U.P. vs DURGA PRASAD · Niyam