- (1.) This is an application under S. 401 read with S. 482 of the Code of Criminal Procedure filed by the petitioner i.e., Inspector-in-Charge Railway Protection Force, Liluah Workshop Post at Liluah Workshop, Dist. Howrah seeking to set aside/quash the order dated 7th February, 2003, passed by the learned S.D.J.M., Howrah in Liluah R.P.F. (W/S) Post Office Case No. 1(1)/2002 dated 15-1-2002 under S. 3(a) of Railway Property (Unlawful Possession) Act, 1966.
(2.) The short facts leading to the filing of this revisional application are as follows :- On 15th January, 2002 one Motleb Molla was arrested at the Chowrasta of S.N. Banerjee Road, Liluah, P.S. Bally with two iron brake blocks belonging to Railways and the said Motleb Molla was arrested since he was not in lawful possession of the said railway properties.
(3.) On the basis of the leading statements of Motleb Molla, a search was conducted at the shop-cum-godown of M/s. Iron Metal Trading Corporation of 20/2, Thakurdas Sureka Road, Malipanchgora, Howrah where huge amount of railway properties were found and at that relevant time those were being removed by two lorries and the lorry drivers namely, Laxmikanta Mondal and Sri Basudev Das along with one Sohan Lal Show, owner of the said godown were also arrested.;