Crl.R.C.No.1245 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.08.2023

CORAM

THE HONOURABLE MRS. JUSTICE R. HEMALATHA

Crl.R.C.No.1245 of 2023

Mohammed Ilyas

... Petitioner

Vs.

The State Rep. by

Inspector,

Railway Protection Force,

Villivakkam.

... Respondent

Prayer : Criminal Revision filed under Section 397 & 401 of Criminal

Procedure Code 1973, to set aside the order passed in CMP No.19 of

2023, dated 20.03.2023 by the learned Special Metropolitan Magistrate

Court for Railways, Chennai.

For Petitioner

: Mr.Y.Solomon

For Respondent : Mr.R.Vinothraja, GA (Crl.side)

ORDER

The present criminal revision petition is filed challenging the

orders dated 20.03.2023 in C.M.P.No.19 of 2023 passed by the Special

Railway Metropolitan Magistrate, Chennai Central, Chennai - 03.

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Crl.R.C.No.1245 of 2023

2. The petition in C.M.P.No.19 of 2023 was filed by the

present petitioner under Sections 451 / 457 of Cr.P.C., praying to return

one assembled Red & Black colour Zebronics CPU and one Black Apple

iPhone SE with Apple Symbol.

3. The case of the prosecution is that the present petitioner /

accused was unauthorisedly carrying on the business of procuring and

selling of Railway journey cum IRCTC e-tickets to his customers without

obtaining license from the Railway authorities, by creating multiple user

IDs for his monitory benefits and thus he committd an offence punishable

under Section 143(1)(a) of the Railways Act, 1989, and an FIR was

registered in Crime No.614/2022 of RPF, Villivakkam, Chennai. After

completion of investigation, a final report in C.R.C.No.7365 of 2022 was

filed against the present petitioner/accused by the Railway Protection

Force. The learned trial Judge viz., Special Railway Metropolitan

Magistrate, Chennai Central, convicted the accused for the offence

punishable under Section 14 (1) (a) of the Railways Act, 1989 and

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Crl.R.C.No.1245 of 2023

directed him to pay a sum or Rs7,000/- in default to undergo Simple

Imprisonment for a period of one month. Thereafter, the

petitioner/accused filed C.M.P.No.19 of 2023 before the trial Court,

under Sections 451 / 457 of Cr.P.C., praying to return the articles seized

from him namely assembled Red & Black colour Zebronics CPU and one

Black Apple iPhone SE with Apple Symbol and the same was dismissed

on 20.03.2023, against which, the present revision is filed.

4. A perusal of the records shows that while disposing

C.R.C.No.7365 of 2022 on 18.02.2023, the Special Metropolitan

Magistrate, Chennai Central had directed for confiscation of all the above

said articles. Subsequently in the petition in in C.M.P.No.19 of 2023

which was filed seeking return of the property, the learned trial Court

Judge passed the following order:

“5. Records perused carefully. The properties which

the petitioner requires in Cr.No.614/2022 are,

i. One assembled Red & Black Colour Zebronics CPU;

ii. One Black Apple iPhone SE mobile with Airtel 4G Sim

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Crl.R.C.No.1245 of 2023

Card No.8991400912998903400U, Mobile No.99529

69048,

EMI

No.1.356494109736624,

2.

356494109276902.

The tickets which were seized in the Crime

No.614/2022. The prosecution has stated that, the petitioner

has used the above properties for the commission of offence u/s

143 of Railways Act, 1989 and the seized items said to have

contains the personal ID of the accused, passengers name,

details of the ticket, money transaction made to book the tickets

etc., in electronic form. Hence, this Court holds that, without

any conclusive proof and basing upon bald arguments of the

petitioner, the return of One assembled Red & Black Colour

Zebronics CPU & One Black Apple iPhone SE mobile with

Airtel 4G Sim Card No.8991400912998903400U, Mobile

No.995