Madras High Court
Mohammed Ilyas vs The State Rep. By on 1 August, 2023
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.99529 69048, EMI No.1. 356494109736624, 2.
356494109276902 will lead to manipulation of details and
tampering of prosecution and evidence. Further, this Court
holds that, the commission of an offence U/s.143(1)(a) of
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Crl.R.C.No.1245 of 2023
Railway Act by the petitioner/accused can be decided only
through the course of trial. Section 143(1)(b) of Railway Act
also says that, purchase or sells or attempts to purchase or sell
tickets with a view to carrying on any such business either by
himself or by any other person, he shall be punishable with
imprisonment for term which may extend to three years or with
fine which may extend to ten thousand rupees, or with both
also forfeit the ticket which he so procures, supplies,
purchases, sells or attempts to purchase or sell. So the things
which are used to procure supplies, purchases, sells or
attempts to purchase or sell should be confiscated by the Act
itself. Therefore, this Court holds that, as the offence has
involved with electronic evidence one assembled Red & Black
Colour Zebronics CPU & One Black Apple iPhone SE mobile
with Airtel 4G Sim Card No.8991400912998903400U, Mobile
No.99529 69048, EMI No.1. 356494109736624, 2.
356494109276902 cannot be handed over to the petitioner for
interim custody at this juncture.”
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Crl.R.C.No.1245 of 2023
5. Thus, the very same Judge who passed the Judgment in
C.R.C.No.7365 of 2022, had dismissed the application in CMP No.19
2023 on the ground that the commission of offence by the accused under
Section 143 (1)(a) of the Railways Act, 1989 could be decided only
during the course of trial. Though the said observation may not be
correct, a perusal of the records shows that the orders have already been
passed on 18.02.2023 for disposal of the property. However, the present
revision petitioner had not challenged the said order passed by the trial
Court in C.R.C.No.7365 of 2022 and therefore, the present Criminal
revision is dismissed.
01.08.2023
Index: Yes/No
Speaking/Non-Speaking order
vum
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Crl.R.C.No.1245 of 2023
To
1. Inspector,
Railway Protection Force,
Villivakkam.
2. The Special Metropolitan Magistrate
Court for Railways, Chennai.
3.The Section Officer,
Criminal Section,
High Court, Madras.
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Crl.R.C.No.1245 of 2023
R. HEMALATHA, J.
vum
Crl.R.C.No.1245 of 2023
01.08.2023
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