STATE OF WEST BENGAL Vs. ASHIM GHOSH
HIGH COURT OF CALCUTTA
STATE OF WEST BENGAL
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Rajasekhar Mantha -
(1.) The State has preferred the instant appeal against the judgment and order dated 21st December, 1987 passed by the Sub-Divisional Judicial Magistrate, Hooghly Sadar in Case No. 622 of 1980 under the provisions of Section 3 of the Railway Property (Unlawful Possession) Act, 1966 (Act 29 of 1966).
(2.) The case of the prosecution briefly stated is that on 4th August, 1980 at about 8:30 a.m. one S.I. Aswini Kumar Nath (PW-1) along with S.I. Prafulla Kumar Das (PW-2) and Dudh Nath Mahato, Rakshok/Constable of RPF (PW-3) visited the shop of the respondent in Government Colony on Station Road at Bansberia, Hooghly.
(3.) A search was conducted in presence of the witnesses, where it is stated specifically by PW-1 "accused Ashim Ghosh was present at the shop and godown". 25 cut pieces of Tie Bars were recovered from the said shop-cum-godown. The said Tie Bars were labeled and seized and a seizure list was prepared. The accused respondent was arrested and the seized alamat was taken to Bandel R.P.F. post. A written complaint was subsequently lodged and a criminal proceeding under the provisions of Section 3 of the Act of 1966 was commenced.;
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