judgment

Dr. Arijit Pasayat, J. —

1.Leave granted.

2.Challenge in this appeal is to the order passed by a learned Single Judge of the Allahabad High Court dismissing the revision petition filed by the appellant under Section 397, read with Section 401 of the Code of Civil Procedure, 1973 (in short ‘the Code’).

3.Challenge in the revision was to the order passed by a learned Sessions Judge in Criminal Appeal No.2060 of 1990 by which the order of conviction and sentence, as recorded by the learned Additional CJM, was confirmed.

4.Background facts in a nutshell are as follows:

On getting information on 22.01.1990 that one Truck No.UP-93, 1665 of Minakshi Traders was being loaded at scrap yard of Jhansi with Cast Iron Grade-I illegally with the Cast Iron Grade-II, the inspector R.K. Rajput, along with Dy. Superintendent M.U. Farooki went to the spot and found a Truck No.UP-93-1665 near the Auction Hall which was loaded with Cast Iron Grade II. Superintendent Incharge called the Head Constable 878 Taradat Sati and DSK Lala Ram. They were asked to climb up the truck and take a look, and after examining, they reported that some Cast Iron Grade-I was loaded in the truck. At that point of time, t