Akhilesh Maurya (Private legal practice) 22 October 2008

What is possession?

Hi! I, want to know the what is "possession" in respect of "RAILWAY PROPERTY (UNLAWFULL POSSESSION) ACT"? If any one is the legal custodian of the property on behalf of INDIAN GOVERNMENT and have possession over it can he be charged in above Act ? Kindly give me detail definitation of word "possession"

I am thankful to you Mr. Shree that you have explained Sec 3 of the said Act, but my question is what is possession ?

If any one you can say the Railway Servant is the legal custodian of the property on behalf of INDIAN GOVERNMENT and have legal possession over it can he be charged in above Act ?

Relating to the above question the fact is -- ' A legal custodian of Railway Store who is DSK due to document mistake send less no. of item on the truck to another Railway Store. The truck was checked at the Store gate by RPF and the shortage was found on the truck according to the gate pass. In investigation the item was found lying in the store itself in the legal custody of DSK, but unfortunately he was detained in the Act. Whether the case stands or not ?

Give me the answer please.

Thanking you once again.

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3 Replies

Shree. ( Advocate.) 22 October 2008

Definition of Railway Property:

Railway property includes any goods, money or valuable security or animals belonging to, or in the charge or possession of Railway administration.

Section 3 of Railway Property Unlawful possession Act:-

Whoever is found, or proved to have been, in possession of any Railway Property reasonably suspected of having been stolen or unlawfully obtained shall, unless he proves that the "Railway property" came into his possession lawfully, be punishable

a) For the first offence, with imprisonment for a term which may extend to five years, or with fine, or with both and in the absence of special and adequate reason mentioned in the judgement of the court, such imprisonment shall not be less than one year and such fine shall not be less than one thousand rupees;

b) For the second or a subsequent offence, with imprisonment for a term which may extend to five years and also with fine and in the absence of special and adequate reason mentioned in the judgement of the court, such imprisonment shall not be less than two years and such fine shall not be less than two thousand rupees.

prof s c pratihar (medical practitioner &legal studies) 22 October 2008

mr shree has given a clear explanation. much little to add----possession is not a purely legal conceptbut also a matter of fact.'Possession', in fact is a relationship between a person and a thing.(soorajmal vs state of mp 1992 Cr L J3206 at 32o8 MP.