Supreme Court · 2004 INSC 513 · Decided 10 September 2004
Union of India and ANR. v. State of Assam
- Court
- Supreme Court of India
- Citation
- 2004 INSC 513 · [2004] SUPP. 4 S.C.R. 324
- Case number
- CRIMINAL APPEAL No. 608/1999
- Decided
- 10 September 2004
- Bench
- ARIJIT PASAYAT, P.P. NAOLEKAR (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC; CrPC Section 438
Headnote
Railway Property (Unlawful Possession) Act, 1966--Sections 3 and 8- 0jfence under the Act-Bail-Held: Grant of bail is at the discretion statutorily provided to officer of the force and controlled by prescription regarding forming of opinion abo,ut sufficiency of material or otherwise-All offences Act carry imprisonment extending· upto five years, by application of Part II of Schedule I of Criminal Procedure Code, 197 3, they are non­ bailable. Interpreting Section 8 of Railway Property (Unlawful Possession) Act,. 1966, a Single Judge of High Court accepted the stand of
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