SUB-INSPECTOR Vs. RAJENDRA PRASAD JAISWAL

JUDGEMENT

(1.) IN this appeal u/s 378 of the Code of Criminal Procedure the Eastern Railway through Sub -Inspector/ R.P.F./ Post/ BWN have challenged the Order dated 19th December, 2013 passed by the ld. Chief Judicial Magistrate (for short C.J.M.) at Burdwan in CR case no.139 of 2012 u/s 3(a) of the Railway Property (Unlawful Possession) Act, 1966 (for short the 1966 Act).

(2.) ACCORDING to the case of the prosecution as recorded in the impugned judgment, on the 20th of February, 2012 an information was received from Security Control, Howrah to the effect that an unknown person was carrying one Exide battery in the compartment of Purbanchal Express. On examination of the information by the Railway staff one 12 Volt Exide battery was found in the Guard Lobby being carried by the accused, who is the opposite party in this appeal. Since the accused failed to produce any valid document in support of possessing the said 12 Volt Exide battery, he was arrested. The prosecution examined several witnesses namely, PWs 1 to 5. Prosecution also marked documents being Exh. 1 to 6. The seized battery was marked as Material Exh. 1.

(3.) IN this connection the cross examination of PW1, one Kripa Sindhu Mukherjee was usefully recorded by the Ld. Magistrate and the same is reproduced as follows: -