GAHC010194282011

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THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : Crl.Rev.P./278/2011

JOYGURU BARMAN and 2 ORS

S/O BIRU BARMAN VILL- TILAPARA, P.S. CHAPAR, DIST. DHUBRI, ASSAM.

2: PURNA ROY

S/O RATNESWAR ROY VILL- BAROJHAR

P.S. BASUGAON

DIST. KOKRAJHAR

ASSAM.

3: ABUL HUSSAIN

S/O DUHA SHEIKH VILL- BILASIPARA WARD NO. 11

P.S. BILASIPARA

DIST. DHUBRI

ASSAM VERSUS

THE UNION OF INDIA

REP. BY THE GENERAL MANAGER N.F. RAILWAY MALIGAON.

Advocate for the Petitioner : MR.S SARKAR, MR G S SARKAR,MR.Z HUSSAIN

Advocate for the Respondent : SC, NF RLY, MS.B CHOUDHURY,MR.S DAS,MR.S C

BISWAS,MRS.S D CHOUDHURY,MR. A K SARKAR

BEFORE

HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

ORDER

Date : 03-11-2025

Heard Mr. Z. Hussain, learned counsel for the petitioners. Also heard Mr. S.C.

Biswas, learned standing counsel, Railways appearing for the respondent.

2. The present revision petition has been instituted assailing the judgment dated 20- 05-2011, passed by the learned Sessions Judge, Kamrup (M) at Guwahati in Crl. Appeal No. 44/2010, dismissing the appeal and thereby upholding the conviction of the petitioners, herein, vide judgment dated 07-06-2010, passed by the learned Special Railway Magistrate First Class, Guwahati in C.R. Case No. 29/2003 convicting and sentencing the petitioners, herein, under Section 3(a) of the Railway Property (Unlawful Possession) Act, 1966 (hereinafter referred to as the Act of 1966).

3. The prosecution case, in brief, is that on 24-06-2003 at about 12:30 Hrs., acting on source information, Sub-Inspector Sanjay Kumar Prasad along with other staff of the Railway Protection Force (RPF) intercepted one truck loaded with iron scrap material bearing registration No. AS-17/1899 at Salbari Chowk, Baitamari. The truck on being detained was brought to the RPF Post at New Bongaigaon along with the petitioners, herein. The petitioner No. 3 is the owner of the truck while the petitioner Nos. 1 and 2 are its driver and handyman, respectively. On unloading the truck as many as 20 (twenty) different types of railway materials in different quantities were recovered and the same is specified in the seizure list. In addition to the seizure of railway material, about 05 (five) Metric Tonne of non-railway iron scrap materials were also recovered. The petitioners, herein, having failed to justify the possession of the railway materials, the truck was seized along with the recovered materials.

On completion of the enquiry, the prosecution report under Section 3(a) of the Act of 1966 was laid against the petitioners, herein.

The Trial Court thereafter framed charge under Section 3(a) of the Act of 1966 against the petitioners, herein, and the same on being read over and explained to the petitioners, herein, they having pleaded not guilty and claimed to be tried, a trial ensued in the matter.

During the trial, the prosecution had examined 07 (seven) witnesses. Thereafter, the petitioners were examined under Section 313 Cr.P.C.

On conclusion of the trial, the learned Trial Court upon appreciating the evidences coming on record proceeded to convict the petitioners, herein, under Section 3(a) of the Act of 1966. On their said conviction, the petitioner No. 3, herein, was sentenced to undergo simple imprisonment for 01 (one) year, while the petitioner Nos. 1 and 2, who were driver and handyman, respectively, of the truck in question, were sentenced to undergo simple imprisonment for 06 (six) months each.

The petitioners, herein, being aggrieved by the conviction of the learned Trial Court vide judgment dated 07-06-2010, had assailed the same before the court of learned Sessions Judge, Kamrup (M) at Guwahati by way of instituting an appeal being Crl. Appeal No. 44/2010. The learned Appellate Court upon appreciating the evidences coming on record proceeded vide judgment dated 20-05-2011 to dismiss the said appeal, thereby upholding the conviction of the petitioners by the learned Trial Court.

Being aggrieved, the petitioners