Supreme Court · 1979 INSC 139 · Decided 2 August 1979
State of Maharashtra v. Vishwanath Tukaram Umale & ORS.
- Court
- Supreme Court of India
- Citation
- 1979 INSC 139 · [1980] 1 S.C.R. 190
- Case number
- CRIMINAL APPEAL No. 51/1973
- Decided
- 2 August 1979
- Bench
- R.S. SARKARIA, P.N. SHINGAL, O. CHINNAPPA REDDY (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 379, 461, 411
Headnote
c D E Railway Property (Unlawful Possession) Act, 1966-S. 3-Conviction under-"Possession of property need not be a subsisting possession."-Suf]icient if accused proved to "have been in possession" of property at any point of time. Indian Penal Code-S. 379-Transfer of possession of theft. Section 3 of the Railway Property (Unlawful Possession) Act, 1966 pro­ vides penalty for unlawful possession of railway property, the essential require.­ ments being (1) the property in question should be railway property (2) it should reasonably be suspected of having
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