APEAL.466-01 - 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No. 466 OF 2001 The State of Maharashtra ...Appellant Vs. Mohammad Iqbal Rangrej & Anr. ...Respondents *** Mr. P. S. Hingorani, APP for the Appellant. None for the Respondent. *** CORAM: V. M. KANADE J. DATE : SEPTEMBER 6, 2010 P.C. 1. Heard the learned APP for the Appellant/State. None appears for the respondents. The State has filed this appeal against the judgment and order passed by the J.M.F.C. (Railway Court), Pune dated 4th September, 2000, acquitting the accused of the offence punishable under S. 3(a) of the Railway Property (Unlawful Possession) Act. 2. It is alleged that the accused was found to be in possession of eight fish plates, forty bolt and fifty eight nuts, weighing about 120 APEAL.466-01 - 2 - Kgs. The trial Court in its judgment and order has observed that the prosecution has not established that the seized property found in possession of the accused, was the railway property. 3. I have perused the judgment and order of the trial Court and also the evidence brought on record by the prosecution. In my view, there is no infirmity in the impugned order, since the prosecution witnesses have not been in a position to state whether the said fish plates, nuts, bolts belong to the railway. In the absence of truth of ownership of the property by the railways, no offence is made out under the said provision. Hence, there is no infirmity in the order passed by the trial Court. In the result, appeal is dismissed. [ V. M. KANADE J.]