SAHID @ SAHIL ANSARY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Petitioner has preferred this application under Section 401 read with Section 482 of the Code of criminal Procedure praying for setting aside the judgment and order dated March 21, 2015 passed by the Learned Additional Sessions Judge, 1st Court, Purulia in Criminal appeal No.02/2014. By the impugned judgment and order the Learned Judge has affirmed the judgment and order of conviction passed by the Learned Judicial Magistrate, 3rd Court, Purulia on 16.12.2013. Learned Magistrate convicted and sentenced the petitioner for commission of the offence punishable under Section 3(a) of the Railway Property (Unlawful Possession) Act, 1966 and sentenced him to suffer simple imprisonment for one year and to pay a fine of Rs.1000/- in default to suffer a further imprisonment for one month.

(2.) The facts giving rise to the present Revisional Application may be summarized as under:-

(3.) On 13th February 2003 Sri Subhendu Roy, Sub-Inspector of RPF Post, Kotshila filed one written complaint to the effect that on December 15, 2002 between 3 a.m. to 4 a.m. he (complainant) along with other officers and staff of RPF post, Kotshila and C.I.B. staff of Adra and Bokaro assisted by Police personnel of Purulia (M) P.S. under supervision of O.C. of RPF Post Kotshila had conducted a raid and recovered from the possession of accused Sahil @ Sahid Ansary, Siddik Ansary, Sultan Ansary and Alauddin Ansary 32 number of OHE copper contact wire of different sizes from 1/1.5 k.m. away from the railway track at KM No.333 between Gourinath dham and Purulia Section (North Side). Said OHE coppers wires belonged to the Railway. The Accused persons did not give any explanation or produce any legal authority to the effect that they were in lawful possession of the said railway properties.