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April 21, 1925. Moghal Serai, dep. 20-30.

April 22, 1925. Buxar aRules 0-6, dep. 0-45.

Baruna, run through 1.11.

Ragnathpura, arr. 2.2, dep. 2.22.

Arrah, arr. 3.57, dep. 5-0.

Dinapore, arr. 6.55.

Between Moghal Serai and Dinapore there are three stations, Dildarnagar, Buxar and Arrah, at which it is the duty of the guardalone, or jointly with the railway police constable on dutyto check the seals and locks on both sides of the train. There is no evidence as to what happened at Dildarnagar, which is between Meghan Serai and Buxar. But there is nothing in the evidence to suggest any interference with the seals or locks before the train reached Buxar Station.

12. It thus appears that all the goods recovered were found between Buxar and Arrah, at which stations there was a duty to check the seals and locks, and the history of the consignment over that section of the railway was all-important. On the evidence, it seems certain that the Ellis patent locks were opened by means of a privately manufactured key, and it seems most likely that the opening of the lock would be done while the train was standing for thirty-nine minutes at Buxar Station; it seems clear enough that most and perhaps allof the stolen bales were removed from the wagon while the train was in motion between Buxar and a point probably nearer Baruna than Arrah. Further, it seems almost certain that the thieves must have had information which enabled them to expect and to identify the train and the particular wagon in which this valuable consignment was being carried, and this information would be most easily obtained from railway servants. The thieves must have been prepared for the removal of bales which weighed about 340 lbs. apiece and which would require a large number of men for their removal within a time reasonable for their purpose.

13. In these circumstances, it was the duty of the respondent, in their Lordships' opinion, to give the evidence of those of the railway servants who were responsible for the care of the consignment at Buxar and Arrah and during the intervening journey. Their Lordships regard the possibility of the interference having occurred so far back as Dildarnagar as so remote that it may be disregarded in the view that they take of the case.

14. Guard Rohead, an engine-driver and a fireman were on No. 132; none of them was made a witness by the respondent. Of those on duty at Buxar during the stop of No. 132, Bhagwan Pathak Harischandra, the assistant stationmaster, and Alamshakhan Abdul Gafur, the railway police constable, who checked one side of the train, gave evidence; Sajatkhan Mahad Safil khan who was on duty at Ragnathpura, gave evidence that No. 132 stopped, there from 2-2 to 2-22 for watering the engine and cleaning the fire, and that the guard did not leave his brake. There is no witness from Arrah, a seal-checking station, and no explanation as to their absence. The only documentary evidence bearing on this matter is a statement made by Guard Rohead at Dinapore, after the discovery of the theft, which will be referred to later.

16. The statement of Guard Rohead made at Dinapore is not evidence of the correctness of the statements made in it; these should have been proved, by Rohead. Further the statements made in it are such as call for explanation.

Three of them may be quoted :

 (7) Where did you last check seals,                  Arrah.
    etc., and find them correct?
(10) Where was the joint Police                     Arrah Passia as correct. At Arrah
     and Traffic Check last made                      the Policeman must have mis-
     of the seals of wagons on                        taken it for a non-seal wagon as.
     your train and with what                         there were a number on the train
     result?                                         loaded with stone. The side I
                                                      checked was correct.
(15) Further remarks which you                      As I thoroughly checked all seals at
     consider might help the                          BXR this wagon was tampered
     Police in obtaining a clue                       with either at BXR after checking
     to the theft.                                    or at Agra when shunted on the up
                                                      line for 6 Dn.