Joymalya Bagchi, J.

Judgment and order dated 31.01.2012 passed by the learned Additional Sessions Judge, 3rd Court, Bankura modifying the judgment and order dated 11.10.2010 passed by the learned Judicial Magistrate, 4th Court, Bankura, convicting the petitioner for commission of offence punishable under Section 3(a) of the Railway Property (Unlawful Possession) Act, 1966, herein after referred to as “RP(UP) Act”, and sentencing the petitioner to suffer rigorous imprisonment for one year and to pay fine of Rs.1,000/-, in default simple imprisonment for two months, has been assailed.

The prosecution case against the petitioner is that on 05.10.2008, S.I. Hemendra Malik along with others went for an ambush watch near a village named Saldogra (Salboni-Kharagpaur Road towards No. 2 Taxal Gate) at 11.00 hours; at about 11.20 hours they noticed a person with a heavy jute bag on his left shoulder was coming towards Salboni Kharagpur main road from the direction of Taxal gate; on suspicion he was intercepted; the gunny bag was searched; on search raiding party found four numbers of pandrol clips, five numbers of angles of various sizes total length of six feet and one railway chann