MD IRFAN ALI Vs. UNION OFINDIA
HIGH COURT OF GAUHATI
Md Irfan Ali
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Hitesh Kumar Sarma, J. -
(1.) This is a criminal revision petition, filed under Sections 397/401 of the Cr.PC, against the judgment and order, dated 31.12.2018, passed by the learned Additional Sessions Judge, No. 2 (FTC), Tinsukia in Criminal Appeal No. 30(3)/2008 dismissing the appeal and affirming the judgment and order, dated 24.07.2008, passed by the learned trial court of the Special Railway Magistrate 1st Class, Tinsukia convicting and sentencing the accused-revision petitioner to suffer rigorous imprisonment for 6 (months) and to pay a fine of Rs. 3,000/- and in default to undergo further rigorous imprisonment for 1 (one) month.
(2.) I have heard Mr. NS Laskar, learned counsel for the accused-revision petitioner. Mr. DK Dey, learned counsel appearing for the Railways has appeared in this case although he has filed Vakalatnama today only.
(3.) The fact of the case is that, an FIR was lodged by one Sri K Sananda Singh, SubInspector of RPF, Badarpur, to the effect that on 28.11.2004, at about 9/10 hours, local police of Badarpur, informed him that railway materials were kept hiding somewhere in Deorail near Badarpur. On receipt of the information, he alongwith Sub-Inspector, G Modak, Head Constable, N R Das, and Constable, K R Dey, conducted raid and search jointly in presence of the local police and during the search of the godown/house made of bamboo structure and owned by the accused-revision petitioner, some railway materials, like 67 nos. of CST, 9 pots and wagon cut pieces about 2 quintals were recovered. The accused-revision petitioner was present during the search and he failed to show any valid document regarding possession of the railway materials and also he stated that the materials were collected from various persons/suppliers and kept in his house where another accused (already acquitted) also had his share.;
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