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IN THE HIGH COURT OF KERALA AT ERNAKULAM
S.MANU, J
Afeefa Kadir W/o. Muhammed V. Rafi – Appellant
Versus
State Of Kerala – Respondent
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,
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.
Unauthorized procurement or supply of railway tickets under Section 143 requires clear evidence of such actions, which was absent in this case.
(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....
Authorized agents of IRCTC cannot be prosecuted under Section 143 of the Indian Railways Act for actions taken within the scope of their authorization, and the jurisdiction of the Railway Protection ....
Seizure of unauthorized Railway tickets – Order taking cognizance must reflect application of judicial mind by Magistrate.
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.
Scope of interference in an appeal or revision against acquittal - Acquittal confirmed - If two views of evidence are reasonably possible, one supporting acquittal and other indicating conviction, Hi....
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....
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