THE HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL APPEAL No.2063 of 2004 BETWEEEN: The Sub-Inspector, PF, DLS, Waltair … Appellant AND Billa Surya Prakasha Rao … Respondent THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL APPEAL No.2063 of 2004 JUDGMENT: Questioning acquittal of the accused by the lower Court of the oﬀence under Section 3(a) of the Railway Property (Unlawful possession) Act, 1966 (in short, the Act), the State ﬁled this appeal. MO.1 Armature copper coil in MO.2 bag is said to have been seized by PW1, Sub-Inspector of Railway Protection Force on 06.09.2001 at about 12:15 P.M., during the course of ambush watch at west side DLS near ‘I’ cabin and OEC Yard of Visakhapatnam Railway Station. It is alleged that Mos.1 and 2 were seized by PW1 under the cover of Ex.P1-seizure list after recording Ex.P2 statement of the accused. Ex.P3-Certiﬁcate issued by PW5 and also PW5’s evidence are to the eﬀect that Mo.1 is a railway property and is not available in open market. PW2 who is an independent mediator for Ex.P1 seizure list, turned hostile to the prosecution totally. According to him, nothing was seized from anybody in his presence. The lower Court further observed that there is inconsistency between evidence of PW1 and evidence of PW3 with regard to ambush watch and its details. Therefore, the lower Court disbelieved the prosecution case. It cannot be said that the judgment passed by the lower Court is in any way unjust, unreasonable or perverse. I do not ﬁnd any valid reasons to reverse finding of acquittal in this appeal. 2. Accordingly, the Criminal Appeal is dismissed. ______________________________ JUSTICE SAMUDRALA GOVINDARAJULU Dt:03.12.2011 ysk THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL APPEAL No.2063 of 2004 Dt:03.12.2011 ysk