JUDGMENT :

Robin Phukan, J.

Heard Mr. K.K. Parasar, learned Central Government Counsel (CGC) for the appellant, Union of India. Also heard Mr. R. Dubey, learned counsel for the respondent No.1 and Ms. D. Borpujari, learned legal aid counsel for the respondent No.3.

2. In this appeal, under Section 382 Cr.P.C. read with Section 378(4) of the Code of Criminal Procedure, 1973, the appellant has put to challenge the correctness of otherwise of the judgment and order dated 07.08.2010, passed by the learned Special Judicial Magistrate First Class (Railway), Tinsukia, in SR/CRNo.84/2005 [RPF/POST/TSKG(P) Case No.1(9)04, under Section 3(b) of the Railway Property (Unlawful Possession) Act, 1966]. It is to be noted here that vide impugned judgment and order dated 07.08.2010, the learned Trial Court has acquitted the respondent No.1, Sushil Agarwala and respondent No.3 Bhrigu Shah from the charge under Section 3(b) of the Railway Property (Unlawful Possession) Act, 1966.

3. The background facts, leading to filing of the present criminal appeal, are adumbrated herein below:-

“Acting on a tip off, on 13.09.2004, Shri Jayanta Das, Sub-Inspector, RPF(CIB), Tinsukia Headquarter along with other offici