Supreme Court of India · 1979-08-02
STATE OF MAHARASHTRA vs VISHWANATH TUKURAM UMALE & ORS.
- Citation / case number
- SC 1973/60217
- Court
- Supreme Court of India
- Petitioner
- STATE OF MAHARASHTRA
- Respondent
- VISHWANATH TUKURAM UMALE & ORS.
- Bench
- SHINGAL, P.N.
Judgment text excerpt
The Supreme Court interpreted Section 3 of the Railway Property (Unlawful Possession) Act, 1966, establishing that possession of railway property need not be current; it suffices if the accused can prove prior possession. The Court held that the prosecution must demonstrate that the accused had been in possession of the property, even if not currently found in possession. The High Court's direction to frame charges under Section 3 against accused 3 and 4 was upheld, while the charges against accused 1, 2, and 5 were deemed unnecessary under this section.