GOSTOR HOSSAIN (BUDHU) Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant criminal revisional application is filed against the judgment and order dtd. 1/2/2001 passed by Learned District and Sessions Judge, Birbhum in Criminal Appeal No. 4 of 2000 arising out of judgment and order dtd. 14/12/1999 passed by Learned Judicial Magistrate, 2nd Court, Rampurhat in C.R. Case No. 564 of 1990 under Sec. 3(a) of the Railway Property (Unlawful Possession) Act, sentencing the petitioner to suffer imprisonment for six (6) months and to pay a fine of Rs.2,000.00 in default, further imprisonment of 20 days.

(2.) The petitioner stated that a criminal case was started against the petitioner being the C.R. Case No. 564 of 1990 under Sec. 3(a) of the R.P. (U.P.) Act.

(3.) The prosecution case precisely stated that on 4/11/1990, A.S.I., N.C. Dey along with other staff were on patrolling duty between Chatra and Nalhati when they noticed one person moving with something in his gunny bag at about 3-10 hours and on search of the said bag 15 numbers of two way keys and 10 numbers of splint cutters were found from the possession of the said person, who failed to justify the possession of the said Railway Property by producing relevant document. The matter was investigated by R.P.F. Police and prosecution report against the accused was submitted.