SEKH GUNNY Vs. THE STATE

JUDGEMENT

(1.) THE petitioner was convicted under Section 3(a), Railway Property (Unlawful Possession) Act, 1966 (for short, the Act) for illegal possession of about 40 kgs. of raw coal (Bengal coal) and sentenced to undergo R.I. for one month. The conviction was maintained in appeal but the sentence was converted to fine of Rs. 200/ - in default to undergo R.I. for one month. The petitioner has moved this Court in revision for reversal of the conviction and the sentence.

(2.) THE facts leading to the prosecution case are that on 18 -8 -79 at about 9.30 a.m. the petitioner was apprehended by P.Ws. 1 & 2, two Sub - Inspectors of R.P.F. inside the railway marshalling yard of Khurda Road railway station carrying about 30 kgs. of coal in a gunny bag in the carrier and 10 Kgs. of coal in another bag hanging from the handle of the bicycle. The petitioner could not satisfactorily explain the possession of the coal and had also no authority to enter inside the marshalling yard even though he was a temporary substituted Token Porter of the railways then. He was brought to the R.P.F. station where the coal was seized by P.W. 1 under Ext. 2 and thereafter investigation was taken up by P. W. 5 who collected samples of the coal from the wagon in the marshalling yard and got the coal tested by P.W. 3 along with the sample collected on 3 -9 -79 and his opinion having been obtained, the prosecution report was submitted.

(3.) THE case of the prosecution has been sought to be established through the evidence of P.Ws. 1, 2, 3 and 5. While P.Ws. 1 and 2 are the officers of the R.P.F. who seized the coal, P.W. 3, as earlier observed, was the expert who examined the coal. It is the consistent evidence of P.Ws. 1 and 2 of discovering the petitioner while he was carrying the coal in his cycle in the manner earlier stated and to have seized the same under the seizure list, and of his having put the paper seal in the bags. P.W. 2 has completely corroborated P.W. 1. P.W. 5 has stated of having got the seized property examined by the Divisional Fuel Inspector (P.W. 3) as the expert witness along with the sample collected by him. Ext. 5 is the report of the expert which has been given after examination of the coal on chemical testing and from the report it transpires that both the amounts of coal and the sample collected were the Bengal selected grade coal and that such type of coal is used in the locomotives and is not available in the open market for domestic use. In the evidence P.W. 3 also stated of having received the sample as also the seized coal under proper condition with seal and of the same having been sealed in his presence after his examination.