PRAVEER KUMAR DAS GUPTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 26.8.1995 passed by Judicial Magistrate, 1st Class, Gaya in Gaya Rail P.S. Case No. 175/93 and G.R. No. 3045/93/640/95 by which the learned Judicial Magistrate has refused the prayer for discharge of these petitioners.

(2.) THE short facts of this case are that on 28.11.1993 at about 10.15 p.m., the informant Upendra Kumar, Officer-in-Charge, Railway Police Station, Gaya having received a secret information, raided the IInd class ticket booking counter No. 7. He found that 20 tickets from Gaya C.B.O. to Gwalior were present in the shelf of Varanashi child. THE booking clerk, the accused M.N. Pandey did not give him any explanation regarding the presence of these tickets in his counter. THE police party further found that a surplus money amounting to Rs. 1,039/- was also present at the counter, which was not entered in the sale-register. It has been alleged that the accused M.N. Pandey confessed his guilt. THE police arrested the accused and seized the tickets and surplus money. THEreafter, F.I.R. was lodged against the accused M.N. Pandey.

(3.) IT is not true that only on the statement of the accused, case against the petitioners has been made out. There are enough materials to show that a prima facie case has been made out against these petitioners, The petitioners also used to receive the tickets or city booking office after making indent for the same and tickets were kept in his charge. Such tickets were found in the counter No. 7 of IInd class ticket booking by the police during the raid. Those tickets on counter No. 7 could not be explained. As such prima fade case against the petitioners was made out and also the involvement of these petitioners cannot be ruled out. As such, I do not find any error and illegality in the order impugned, which may warrant, interference by this Court.