Delhi District Court
State vs . Pramod Kumar Sharma on 20 January, 2015
IN THE COURT OF SH. AJAY KUMAR MALIK: METROPOLITAN MAGISTRATE-(CENTRAL)-04 TIS HAZARI COURTS, DELHI STATE VS. PRAMOD KUMAR SHARMA FIR NO. 697/00 P.S. : CANNAUGHT PLACE Unique Case ID No. :02401R1016302006 Date of institution of case :04.01.2001 Date on which case reserved for :20.01.2015 judgment Date of judgment :20.01.2015 JUDGMENT U/S 143 RAILWAYS ACT a)Date of offence :21.10.2000. b)Offence complained of :U/s 143 Railways Act. c)Name of accused, his parentage :Pramod Kumar Sharma & residence S/o Sh. Rameshwar Sharma R/o MSC 48, Yogmaya Multani Dhanda, Paharganj, Delhi. d)Plea of accused :Pleaded not guilty e)Final Order :Accused is convicted. JUDGMENT
BRIEF FACTS AND REASONS FOR DECISION :
FIR NO.697/00 State Vs. Pramod Kumar Sharma Page No. 1 of 16 Case of the prosecution in brief is as follows:
1. On 20.10.2000, DD no.5 was registered on the telephonic information that few persons at Kashmere Market, Connaught Place are doing illegal business of issuing railway tickets to passengers without any valid license on pretext of running a tour & travel agency. The information in this regard was given to Inspector, Special Staff. Ct. Purshottam was briefed about the said information and he was made a bogus / decoy customer.
He was also given a Rs. 500/- note which was duly signed by SI Sunil Godiyal. Handing over memo of note was prepared and Ct. Purshotam was sent Kashmere Market, Connaught Place for purchase of ticket as decoy customer. On 20.10.2000 at about 11.20 Ct Purshottam came at the office and he told SI Sunil that he had made arrangements for issuance of two tickets against two fake names for traveling from New Delhi to Lucknow on 01.11.2000 and 05.11.2000 from one Parmod Kumar at shop no. 7, Sagar Tour & Travels at Kashmere Market, Connaught Place, New Delhi. He also told SI Sunil that the said Parmod Kumar had demanded Rs. 1400/- from him in this regard and he had given Rs. 500/- as advance to said Parmod Kumar in this regard. He also told SI Sunil that he had given said Parmod Kumar the same note of Rs. 500/- FIR NO.697/00 State Vs. Pramod Kumar Sharma Page No. 2 of 16 which SI Sunil has given to him before Ct. Purushottam left the office as a decoy customer. Ct. Purushottam also told SI Sunil that the said Parmod Kumar had given a card on which Sagar Tour & Travels is written and on the back side of the said card details about advance and balance were recorded by the said Parmod Kumar. Ct. Purshottam further told SI Sunil that said Parmod Kumar had asked him to come in the evening. On 20.11.2000 SI Sunil along with Ct. Purshottam reached at the said shop and stood at some distance from the said shop and asked Ct. Purshottam to go to the shop and bring the railway tickets. Ct. Purshottam did so. After sometime, he came to SI Sunil and told SI Sunil that the said Parmod Kumar had told him that the ticket could not be confirmed on that day, so he could take the tickets on the next day. The DD no. 15 dated 20.10.2000, Special Staff, New Delhi was recorded in this regard.
1.2 Information in this regard was also given to senior officers. On 21.10.2000, as per the directions of Inspector, Special Staff, SI Sunil along with HC Shivji Narayan, Ct. Dayanand and Ct. Purshottam left for the spot from the office. When they reached at P-Block of Connaught Place, at that time SI Sunil requested 3 to 4 public persons to join the investigation after telling them about FIR NO.697/00 State Vs. Pramod Kumar Sharma Page No. 3 of 16 the secret information. However, none of them agreed to do so and even declined to disclose their names and addresses. They, thus, left the spot and due to scarcity of time could not serve any written notice on them. SI Sunil constituted a raiding party consisting of me, HC Shivji Narayan, Ct. Dayanand and Ct. Purshottam and gave nine notes of Rs. 100/- each which were signed by SI Sunil to Ct. Purshottam vide handing over memo Before handing over the said currency notes to Ct. Purshottam, SI Sunil had conducted his personal search of Ct. Purshottom. Ct. Purshottam was asked to leave the spot and he was also instructed to give a signal to the raiding party by putting his right hand on his head as soon as the tickets in question are handed over to him by the said Parmod Kumar. He thus left for the spot and rest of raiding party took position at a distance on different locations from the spot. 1.3 At around 3:45 pm, Ct. Purshottam gave signal by putting his right hand on his head. SI Sunil along with the rest of raiding party went to the spot and apprehended the accused. Preliminary inquiry was conducted from him in which he told that his name is Parmod Kumar.
1.4 Ct. Purshottam told SI Sunil that he as a decoy customer had gone to the said accused and asked him to give him the tickets FIR NO.697/00 State Vs. Pramod Kumar Sharma Page No. 4 of 16 in question. He had also given to the accused the card which accused had given to him on 20.10.2000 and that he further gave to the accused nine note of Rs. 100/- amounting to Rs. 900/- in total which were given to him by SI Sunil . The accused gave the tickets in question to Ct. Purshottam on which he gave the signal to raiding party.
1.5 Ct. Purshottam handed over the said railway tickets to SI Sunil one ticket from New Delhi to Lucknow, train no. 4258 dt. 01.11.2000 bearing PNR no. 2426503641 and another ticket Lucknow to Delhi, train no.4257 dt. 05.11.2000 bearing PNR no. 2134498929. Both the tickets were seized vide seizure memo . Casual search of accused was conducted by SI Sunil in which from the pocket of the wearing shirt of the accused the said card and nine note of Rs. 100/- amounting to Rs. 900/- in total were recovered and those were also seized by SI Sunil. 1.6 Accused was asked to show any valid license issued by Railways to issue railway tickets to the passengers. However, the accused could not produce any such license. The accused was found to commit the offence u/s 143 Railway Act. SI Sunil prepared Tehrir and handed over the same to Ct. Dayanand for getting FIR registered at Police Station Connaught Place. FIR NO.697/00 State Vs. Pramod Kumar Sharma Page No. 5 of 16 1.7 Ct. Dayanand came back to the spot along with the copy of FIR. IO/SI Sunil Godiyal arrested and personally searched the accused. Site plan was prepared, statements of witness has recorded and after getting sufficient evidence against accused , accused Promod was arrested. The tickets were verified from New Delhi Railway Station. After completion of the application the chargesheet was filed in the Court.
2. On finding prima facie enough material on record, charge U/s 143 Railways Act 1989 were framed against the accused -Pramod Kumar Sharma vide order dated 07.04.2003 to which accused pleaded not guilty and claimed trial instead.
3. Matter was then listed for PE. Prosecution has examined as many as five witnesses to prove its version.
4. Prosecution got examined SI N.K Jha as PW1 who deposed that on 19.11.2002 further investigation of case was handed over to him. He received the verification report of ticket and reservation slip from CRS(record), New Delhi Railway Station which he received on 27.11.2000 and proved the letter of request to railways Ex.PW1/A and reservation slip as P-1.
5. Prosecution further examined Ct. Dayanand as PW2 who deposed that on 21.10.2000 SI Sunil received secret FIR NO.697/00 State Vs. Pramod Kumar Sharma Page No. 6 of 16 information regarding illegal busines of railway tickets at which SI Sunil constituted the raiding party and sent Ct. Purshattom as decoy customer Sagar Tour and Travel for purchase of tickets where he was assured for tickets on next day. On next day accused gave two, to and fro tickets from New Delhi to Lucknow to Ct. Purshattom. PW2 further deposed that accused was apprehended and two tickets from Delhi to Lucknow and Lucknow to Delhi were seized vide seizure memo Ex.PW2/A. The cash amount of Rs.900/-and visiting card of Sagar Tout and Travel containing endorsement by accused was also seized by seizure memo Ex.PW2/D. PW2 further deposed that he got the Fir registered on the rukka made by IO. Witness correctly identified the journey ticket from Delhi to Lucknow as P2 and Lucknow to Delhi as P3. PW2 also correctly identified the visiting card as Ex.P4 and nine currency note of Rs.100 each as P5.
5.1 During cross-examination P2 clarified that Ct. Purushottam was sent to brought the ticket on 20.10.2000.PW2 also stated that IO called some of shopkeeper to join the investigation but they refused.
6. Prosecution examined SI Naveen Kumar as PW3 who deposed that on 21.10.2000 he was posted as Duty Officer at Ps FIR NO.697/00 State Vs. Pramod Kumar Sharma Page No. 7 of 16 Connaught place and registered the FIR no. 697/00 on the complaint brought by Ct. Dayanand. PW3 proved the FIR as Ex.PW3/A.
7. Prosecution further got examined Sh. Satish Pawar, Commercial Inspector(Legal) DRM office, New Delhi as PW4 who proved the list of RTSA under Delhi Division dated 11.04.2007 as Ex.PW4/A (running into four pages).
8. Prosecution further got examined SI Sunil Godiyal as PW5 who deposed that on On 20.10.2000, he was posted as Sub Inspector at Special Staff, New Delhi District. On that day, secret informer gave him an information through telephone that few persons at Kashmere Market, Connaught Place are doing illegal business of issuing railway tickets to passengers without any valid license on pretext of running a tour & travel agency. DD no. 5 dated 20.10.2000, Special staff, New Delhi i.e., Ex. PW5/A was made in this regard. PW5 further deposed that he gave the information in this regard to Inspector, Special Staff. Ct. Purshottam was briefed about the said information and he was posted as a bogus / decoy customer. He was also given a Rs. 500/- note which was duly signed by PW5. PW5 proved handing over memo of note as Ex. PW5/B. PW5 further deposed that Ct. FIR NO.697/00 State Vs. Pramod Kumar Sharma Page No. 8 of 16 Purushottam was instructed that he has to go to the spot and purchase a ticket from the accused persons. He, thus, left for the spot. On the same day at around 11:20 am, Ct Purshottam came at the office and told PW5 that he had made arrangements for issuance of two tickets against two fake names for traveling from New Delhi to Lucknow on 01.11.2000 and 05.11.2000 from one Parmod Kumar at shop no. 7, Sagar Tour & Travels at Kashmere Market, Connaught Place, New Delhi. He also told PW5 that the said Parmod Kumar has demanded Rs. 1400/- from him in this regard and he has given Rs.500/- as advance to said Parmod Kumar in this regard. PW5 further deposed that Ct. Purshottam also told him that he has given said Parmod Kumar the same note of Rs. 500/- which PW5 has given to him before he left the office as a decoy customer. PW5 further deposed that Ct. Purshottam told him that the said Parmod Kumar has given a card on which Sagar Tour & Travels is written and on the back side of the said card details about advance and balance were recorded by the accused. Ct. Purshottam further told PW5 that said Parmod Kumar has asked him to come in the evening, therefore, on 20.11.2000 PW5 along with Ct. Purshottam reached at the said shop. PW5 stood at some distance from the said shop and asked Ct. Purshottam to go FIR NO.697/00 State Vs. Pramod Kumar Sharma Page No. 9 of 16 to the shop and bring the railway tickets. Ct. Purshottam did so. After sometime, he came to PW5 and told him that said Parmod Kumar has told him that the ticket could not be confirmed on that day, so he could take the tickets on the next day. PW5 further deposed that he got the DD No. 15 dated 20.10.2000 registered at Special Staff, New Delhi and proved the same as Ex. PW5/C. PW5 further deposed that information in this regard was also given to senior officers. PW5 further deposed that on 21.10.200, as per the directions of Inspector, Special Staff, he along with HC Shivji Narayan, Ct. Dayanand and Ct. Purshottam left for the spot from the office and when they reached at P-Block of Connaught Place, at that time he requested 3 to 4 public persons to join the investigation after telling them about the secret information. However, none of them agreed to do so and even declined to disclose their names and addresses. They, thus, left the spot and due to scarcity of time he could not serve any written notice on them. PW5 further deposed that he constituted a raiding party consisting of himself, HC Shivji Narayan, Ct. Dayanand and Ct. Purshottam. PW5 gave nine notes of Rs. 100/- which were signed by him to Ct. Purshottam and proved the handing over memo regarding the same as Ex. PW5/D. PW5 further deposed that FIR NO.697/00 State Vs. Pramod Kumar Sharma Page No. 10 of 16 before handing over the said currency notes to Ct. Purshottam, he had conducted his personal search and proved the same as Ex. PW5/E. PW5 further deposed that Ct. Purshottam was asked to leave the spot and he was also instructed to give a signal to the raiding party by putting his right hand on his head as soon as the tickets in question are handed over to him by the accused. PW5 further deposed that Ct. Purshottam left for the spot and rest of raiding party took position at a distance on different locations from the spot. PW5 further deposed that at around 3:45 pm, Ct. Purshottam gave signal by putting his right hand on his head. PW5 along with rest of raiding party went to the spot and apprehended the accused. Preliminary inquiry was conducted from the accused in which he told that his name is Parmod Kumar. PW5 correctly identified the accused in the Court. PW5 further deposed that Ct. Purshottam told him that he as a decoy customer had gone to the said accused and asked him to give him the tickets in question. Ct. Purshottam had also given to the accused the card which accused had given to him on 20.10.2000 and that he further gave to the accused nine note of Rs. 100/- amounting to Rs. 900/- in total which were given to him by PW5. PW5 further deposed that the accused gave the tickets in question to Ct. Purshottam on which FIR NO.697/00 State Vs. Pramod Kumar Sharma Page No. 11 of 16 Ct. Purshottam gave the signal to raiding party. PW5 further deposed that Ct. Purshottam handed over the said railway tickets to him. PW5 seized that tickets vide seizure memo already Ex. PW2/A. Casual search of accused was conducted by PW5 in which from the pocket of the wearing shirt of the accused the said card and nine note of Rs. 100/- amounting to Rs. 900/- in total were recovered. They were seized by PW5 vide memo already Ex. PW2/B. PW5 further deposed that accused was asked to show any valid license issued by Railways to issue railway tickets to the passengers. However, the accused could not produce any such license. PW5 further deposed that on having incriminating evidences against the accused, he prepared Tehrir and proved the same as Ex.PW5/F. PW5 handed over the tehrir to Ct. Dayanand for the purpose of getting FIR registered at Police Station Connaught Place. PW5 further deposed that Ct. Dayanand came back to the spot along with the copy of FIR and original Tehrir and handed over both of them to him. PW5 arrested and personally searched the accused and proved the same as Ex. PW5/G & Ex. PW5/H. PW5 prepared the site plan and proved the same as Ex. PW5/I. PW5 also proved the DD No. 6 dated 20.10.2000, DD No. 8 dated 20.10.2000, DD No. 14 dated 20.10.2000 & DD No. 11 dated FIR NO.697/00 State Vs. Pramod Kumar Sharma Page No. 12 of 16 21.10.2000 of Special Staff, New Delhi as Ex.PW5/J (collectively).
9. PE was thereafter closed.
10. All the incriminating evidence/material was then put to accused which he denied in his statement recorded on 27.11.2014 U/s 313 Cr.P.C submitting the present case to be false. He wished not to lead defence evidence.
11. Final arguments advanced. I have perused the case record carefully.
12. Before proceeding further it will not be out of place to refer to the provisions of section 143 of Railway Act which runs as under :
Section 143 Railway Act : " Penalty for unauthorised carrying on of business of procuring and supplying of railway tickets (1) if any person, not being a railway servant or an agent authroised in this behalf-
(a) carries on the business of procuring and supplying tickets for travel on a railway or from reserved accommodation for journey in a train; or
(b)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 FIR NO.697/00 State Vs. Pramod Kumar Sharma Page No. 13 of 16 punishable with imprisonment for a term which may extend to three years or with fine which may extend to ten thousand rupees,or with both, and shall also forfeit the tickets which he so procures, supplies, purchases, sells or attempts to purchase or sell.
Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the court, such punishment shall not be less than imprisonment for a term of one month or a fine of five thousand rupees .
(2) Whoever abets any offence punishable under this section shall, whether or not such offence is committed, be punishable with the same punishment as is provided for the offence.
13. It is observed by the court that out of five PWs, accused has not cross examined PW1 and PW3 therefore, the testimonies of PW1 and PW3 remain unrebutted and uncontroverted. It is further observed that the PW5 has proved the DD No. 5 regarding illegally business of issuing the railway tickets to the passengers without any licence. The decoy customer was sent to the accused with the Indian currency notes handed over to the decoy customer FIR NO.697/00 State Vs. Pramod Kumar Sharma Page No. 14 of 16 vide handing over memo Ex.PW5/D were recovered from the possession of the accused vide seizure memo Ex.PW2/B. The visiting card of Sagar Tour & Travels with the detail of payment and due was also recovered from the possession of the accused vide seizure memo Ex.PW2/B. It is further observed that on 20.10.2000, the offer was made by decoy customer/Ct. Purshottam to the accused and accused has asked for one day's more time for providing the ticket regarding which DD No. 15 dated 20.10.2000 is also proved as Ex.PW5/C. The prosecution has also proved the two tickets from New Delhi to Lucknow, train no. 4258 dt. 01.11.2000 bearing PNR no. 2426503641 and another ticket Lucknow to Delhi, train no.4257 dt. 05.11.2000 bearing PNR no. 2134498929 given by the accused to decoy customer as Ex.P2 and Ex.P3 respectively. It is also observed that PW3 produced on record the list of RTSA which do not contain the name and address of accused as "Sagar Tour & Travel".
14. It is observed by this court that the prosecution has successfully proved that accused Pramod Kumar Sharma was unauthorizedly carrying on of business of procuring and supplying of railway tickets, without being Railway Servant or authorized agent. The prosecution has also proved the transaction of decoy FIR NO.697/00 State Vs. Pramod Kumar Sharma Page No. 15 of 16 customer with the accused. The prosecution has also proved the recovery of consideration amount against providing tickets to decoy customer by the accused, whereas, the accused has failed to give even single dent to the story of prosecution and also there are no reasons to disbelieve the testimonies of prosecution witnesses. Hence, the prosecution has proved the charges U/s 143 Railways Act against the accused - Pramod Kumar Sharma.
15. In view of above observations, accused - Pramod Kumar Sharma is hereby convicted for the offence U/s 143 Railways Act.
Copy of this judgment be given dasti to the convict. Announced in the open Court on this 20th Day of January, 2015 (AJAY KUMAR MALIK) MM(C)-04/Tis Hazari Courts 20.01.2015.
FIR NO.697/00 State Vs. Pramod Kumar Sharma Page No. 16 of 16 FIR No. 697/00 PS: Cannaught Place 20.01.2015 Present : Ld. APP for the State.
Accused - Pramod Kumar Sharma in person.
Final arguments advanced.
Vide separate judgment of even date, accused - Pramod Kumar Sharma is Convicted for the offence U/s 143 Railway Act.
Matter is adjourned for orders on quantum of sentence, be re-listed on 26.02.2015.
(AJAY KUMAR MALIK) MM (Central)-04/THC 20.01.2015 FIR NO.697/00 State Vs. Pramod Kumar Sharma Page No. 17 of 16