IMPORTANT POINT
The unauthorized sale of e-tickets through online platforms is prohibited under Section 143 of the Railways Act, covering both physical and online ticket sales.

ORDER :

This Crl.M.C. is filed, seeking to quash proceedings in Crime No.967/2019 of Railway Protection Force (RPF) Post, Aluva. A significant question brought up in this case is regarding the applicability of the provisions of S.143 of the Railways Act in sale of e-tickets through online platforms.

2. On 24.09.2019, the Assistant Sub Inspector, RPF Crime Intelligence Branch, Thiruvananthapruam, obtained a search warrant and conducted search on 25.09.2019 at 'Fly Image Tours and Travels’ Asamanoor.P.O., Odakali, Ernakulam. Petitioner, the owner of the establishment, was available at the shop. Search was conducted in the presence of two independent witnesses between 12.30 and 14.00 hours. During the search, a laptop of the petitioner was inspected and 5 numbers of valid reservation e-tickets having a total value of Rs.5382.85 and 11 numbers of date of journey expired reservation e-tickets of a total value of Rs.13478.47 were recovered from it. Two numbers of copies of IRCTC personnel user profile ids, a laptop, a mobile phone and 3 numbers of visiting cards of the shop were recovered. As the petitioner had no authorisation from the Railway administration and IRCTC for selling tickets, seizure was effected and search list was properly prepared and attested by witnesses. The petitioner was interrogated and she allegedly admitted that e-tickets were booked and sold for monetary benefits. She was arrested and was brought to the RPF Post, Aluva at 17.00 hours. The arrested accused, seized articles and documents were handed over to the RPF Post. Petitioner was produced before the Chief Judicial Magistrate, Ernakulam and was released on bail.

3. On 21.7.2020 when the Crl.M.C. came up for admission, by order passed in Crl.M.A.No.1/2020, further proceedings were stayed for a period of two months. Interim order was extended from time to time and it remained in force till June, 2024. However, there was no proper notice to the 2^nd respondent as evident from the proceedings. The learned Senior Central Government Counsel appearing for the 2^nd respondent pointed out that notice was not served on the counsel representing the Railway and the 2^nd respondent came to know about the pendency of the Crl.M.C. only when an intimation was received from the office of the Advocate General. Before receipt of the said intimation, investigation was completed and complaint was filed.

4. The petitioner applied for amending the Crl.M.C. to incorporate challenge against the complaint filed by the RPF. The application was allowed and the learned counsel for the petitioner and the learned Senior Central Government Counsel addressed arguments with reference to the complaint produced as Annexure-A3 also.

5. The learned counsel for the petitioner Sri.Shaji Chirayath submitted that the registration of the case and all further proceedings as against the petitioner are liable to be quashed since no offence under Section 143(1)(a) of the Railways Act will be attracted even if the entire factual averments in the complaint are accepted as correct. He submitted that the Railway has authorised the Indian Railway Catering and Tourism Corporation Ltd. (IRCTC) to provide facility of booking tickets through online mode. Any person registering as a user with the IRCTC is eligible to obtain e- tickets and to make reservations. It is not necessary that the user shall book tickets only for himself. Tickets can be booked for others also. He submitted that in case of violation of conditions of use by any user, the IRCTC can de-register the user. It was also submitted that use of a computer or use of a printer for printing tickets purchased by a traveler cannot be deemed as a sale effected by the owner of the computer or printer. He further contended that the provisions of Section 143 of the Railways Act would not apply to procurement of e-tickets through IRCTC. According to the learned counsel, booking e- tickets was not in contemplation when the provision was brought to force. He submitt