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august 1979

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.

STATE OF MAHARASHTRA vs VISHWANATH TUKURAM UMALE & ORS. · Niyam