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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
SUSMITA PHUKAN KHAUND
Ashok Jha S/o lt. Srinarayan Jha – Appellant
Versus
Union Of India, Rep. By The N.f. Railway – Respondent
| Table of Content |
|---|
| 1. challenge to legality of conviction (Para 1 , 3) |
| 2. arguments concerning prosecution's case (Para 4 , 10) |
| 3. factual background of ticket seizure (Para 5 , 6 , 7 , 8) |
| 4. court's analysis of the case (Para 9 , 11) |
| 5. decision on sentence and conviction (Para 12 , 13) |
| 6. final order and conclusion (Para 14) |
JUDGEMENT :
SUSMITA PHUKAN KHAUND, J.
1.Heard learned counsel Mr. A.K. Gupta for the petitioner Ashok Jha who has filed this application under Section 401 r/w Section 397 of the Code of Criminal Procedure, 1973, challenging the legality and propriety of the order dated 20.02.2015 passed by the learned Additional Sessions Judge -1 (FTC), Tinsukia in Criminal Appeal No.9 (2)/2012 dismissing the appeal by upholding the judgment and order 30.03.2012 passed in SRCR Case No. 36/2011 by the trial court, whereby the petitioner was convicted under Section 143 1 (b) of the Railways Act, 1989 (the Act of 1989 for short) and sentencing him to undergo simple imprisonment for two months and to pay a fine of Rs.3000/- with default stipulation.
2. Heard Mr. S.C. Biswas, learned Senior Special Counsel, Railways for the respondent Nos. 1 and 2.
3. The legality and propriety of the order im
The absence of independent witnesses during the seizure process significantly impacted the prosecution's case, leading the court to modify the initial sentencing to a fine only.
The main legal point established in the judgment is that at the stage of taking cognizance, the court is only required to determine if an offence is made out, and the order should reflect application....
Seizure of unauthorized Railway tickets – Order taking cognizance must reflect application of judicial mind by Magistrate.
The main legal point established in the judgment is the application of legal provisions to determine the lack of prima facie evidence for the alleged offenses, leading to the quashing of the proceedi....
(1) Unauthorised business of procuring and supplying railway e-tickets – Section 143 of Railways Act, 1989, has been enacted to tackle a social crime – Section 143 penalises actions of only unauthori....
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