SHARAD GUPTA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) A short but interesting question would arise in this criminal revision as to when a person can be said to be involved in carrying on business of procuring and supplying of railway tickets so as to attract an offence under Section 143 of the Railways Act, 1989 (henceforth 'the Railways Act').

(2.) An FIR was lodged against the applicant alleging that on 13.10.2001, he was found involved in illegal sale of reserved railway tickets at Platform No.5-6 of Raipur Railway Station. From his possession, 9 valid reserved tickets and 20 canceled tickets together with small envelopes and slips containing the particulars of the person, train number, date of journey and the amount charged and other slips carrying entries/record of train number and the amount charged were also recovered. In course of trial, both the courts below have found the seizure of above articles from the applicant to be proved despite the independent witnesses not supporting the prosecution. However, learned counsel for the applicant would not seriously dispute the seizure, as his main plank of argument is based on the gravamen of the charge, which attracts an offence only when a person is said to be involved in the business of procuring and supplying of railway tickets, which evidence, as argued by learned counsel for the applicant, is lacking in the present case.

(3.) Per contra, Shri A. S. Kachhawaha, learned Addl. AG, would submit that even if there is no oral evidence indicating that the applicant is involved in the business, the quantity of live and valid tickets, cancelled tickets and accounts of booking of reserved tickets maintained by the applicant, having been seized from him, would by itself prove that the applicant is involved in the business of procuring and supplying railway tickets.