Puja Travels Hotel Paradise Basement vs The Union of India through the Chairman cum CEO Railway Board, New Delhi

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.368 of 2023 Arising Out of PS. Case No.- Year-0 Thana- District- Patna ====================================================== 1. PUJA TRAVELS HOTEL PARADISE BASEMENT, NEAR PATNA JUNCTION THROUGH ITS PROPRIETOR MANOJ KUMAR(MALE) AGE ABOUT 35 YEARS, S/O- RAJENDRA PRASAD SAH, R/O STATION ROAD, IN FRONT OF BHAVYA BASEMENT, PARADISE HOTEL, POOJA TRAVELS, PATNA JUNCTION, P.S.- KOTWALI PATNA 2. JAY MAA TRAVELS STATION ROAD, HOTEL BHAVYA REGENCY COMPOUND, PATNA RAILWAY STATION, PATNA THROUGH ITS PROPRIETOR AMIT ANAND (MALE) AGED ABOUT 39 YEARS, S/O ASHOK KUMAR JHA, R/O H/O JITENDRA SINGH, BARI PATNA DEVI CHAURAHA, HARI BABU KI GALI, PATNA CITY, SAMPATCHAK, PATNA 3. INDIA TOUR AND TRAVELS STATION ROAD, HOTEL BHAVYA REGENCY, PATNA JUNCTION, PATNA THROUGH ITS PROPRIETOR VIVEK KUMAR (MALE) AGED ABOUT 24 YEARS, S/O HARE RAM SINGH, R/O PIANIA, SHIV TEMPLE, ARA, BHOJPUR 4. M/S JAGAT TOUR AND TRAVELS AT PAY PHONE, MAURYA LOK, PATNA-800001, THROUGH ITS PROPRIETOR RAJENDRA SINGH (MALE) AGED ABOUT 35 YEARS, S/O HARJEET SINGH, 114, PUNJABI COLONY, CHITKOHRA BAZAR, ANISABAD, PATNA- 800002 5. SUN RISE TOUR AND TRAVELS HOTEL BHAVYA REGENCY, STATION ROAD, PATNA THROUGH ITS PROPRIETOR SANTOSH KUMAR (MALE) AGED ABOUT 42 YEARS, S/O NAGESHWAR PRASAD SINGH, R/O 13-B, ROAD NO. 16, SHYAM MANDIR, MARWARI COLONY, RAJENDRA NAGAR, PATNA 6. M/S R.K. TRAVELS HOTEL BHAVYA REGENCY, STATION ROAD, PATNA THROUGH ITS PROPRIETOR PRAMOD KUMAR (MALE) AGED ABOUT 54 YEARS, S/O LATE DIWAKAR PRASAD SINHA, RAM KRISHNA NAGAR, NTPC COLONY, P.S.- RAMKRISHNA NAGAR, PATNA 7. SHIVAM TRAVELS STATION ROAD, PATNA JUNCTION THROUGH ITS PROPRIETOR DILIP KUMAR (MALE) AGED ABOUT 57 YEARS, S/O RAMJI PRASAD CHAURASIA, R/O HOUSE NO. 26, CHIRIYATAND PRITHVIPUR, LANE NO. 02, PATNA- 800001 8. SUNNY TRAVELS OPPOSIE HOTEL BHAVYA REGENCY, STATION ROAD, PATNA- 800001 THROUGH ITS PROPRIETOR KANWALJEET SINGH(MALE) AGED ABOUT 43 YEARS, S/O LATE HARBHAJAN SINGH, R/O PUNJAB COLONY, CHITKOHRA, ANISHABAD, PATNA- 800002

... ... Petitioner/s Versus 1. THE UNION OF INDIA THROUGH THE CHAIRMAN CUM CEO RAILWAY BOARD, NEW DELHI NEW DELHI Patna High Court CR. WJC No.368 of 2023 dt.06-03-2024 2/21

2. THE CHAIRMAN CUM CEO RAILWAY BOARD, NEW DELHI NEW DELHI 3. THE CHAIRMAN CUM MANAGING DIRECTOR, INDIAN RAILWAY CATERING AND TOURISM CORPORATION LTD. (IRCTC) NEW DELHI 4. THE DIRECTOR GENERAL, RAILWAY PROTECTION FORCE, NEW DELHI BIHAR 5. THE INSPECTOR GENERAL, RAILWAY PROTECTION FORCE, VAISHALI AT HAJIPUR BIHAR 6. THE COMMANDANT, RAILWAY PROTECTION FORCE, DANAPUR PATNA BIHAR 7. THE DIVISIONAL RAILWAY MANAGER, SOUTH-EASTERN RAILWAY, DANAPUR, PATNA BIHAR 8. THE INSPECTOR, RAILWAY PROTECTION FORCE (RPF), PATNA JUNCTION, PATNA BIHAR 9. THE INSPECTOR, RAILWAY PROTECTION FORCE(RPF), DANAPUR, PATNA BIHAR 10. THE INSPECTOR, RAILWAY PROTECTION FORCE(RPF), RAJENDRA NAGAR TERMINAL, PATNA BIHAR 11. THE SENIOR SUPERINTENDENT OF POLICE, PATNA BIHAR 12. THE STATION HEAD OFFICER, P.S.- KOTWALI, PATNA BIHAR

... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Prashant Kashyap, Advocate For the Respondent/s : Dr. K.N. Singh, ASG ====================================================== CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI CAV JUDGMENT

Date : 06-03-2024 The petitioners are proprietorship travel agents.

Petitioners No. 1, 2, and 3 are primarily authorized rail e-ticket

agents of IRCTC. The rest travel agencies are further authorized

by the petitioner no. 01, 02, and 03 travel agents as their Retail

Service Proprietor (RSP) to book the railway e-tickets and manual

tickets. Thus, all the petitioners are performing their duties as

Principle Service Provider (PSP) or Retail Service Provider for Patna High Court CR. WJC No.368 of 2023 dt.06-03-2024 3/21

sale and advance booking of Railway e-tickets. They have their

centers for e-ticketing at their respective offices outside the

premises of Patna Railway Station and Rajendra Nagar Railway

Station.

2. The petitioners have jointly filed the instant writ

petition praying for the issuance of appropriate raids thereby,

prohibiting the Railway Protection Force (RPF) deployed in Patna

Junction, Danapur Junction, and Rajendra Nagar Terminal from

conducting illegal raids outside their jurisdictional limits, search,

and seizures without obtaining consent and giving pre-raid

information to the local police station within whose jurisdiction

the offices of respective travel agents were situated. The

petitioners. The petitioners have also prayed for a declaration that

initiation of proceeding under Section 143 of the Indian Railways

Act, 1989, against the petitioners' consequent arrest of the travel

agents production of the arrested persons before the Railway

Magistrate, Patna, and remanding them to judicial custody are bad

in law, and violating Article 14,19 and 21 of the Constitution of

India as well as the decision of the Hon'ble Supreme Court in

Arnesh Kumar v. State of Bihar, reported in (2014) 8 SCC 273.

3. They have also prayed for consequential reliefs. Patna High Court CR. WJC No.368 of 2023 dt.06-03-2024 4/21

4. The case of the petitioners is that the petitioners as

travel agents have been working as Retail Service Providers by

booking authorized railway e-tickets in which public money is

spent and there is no public interest involved with regard to their

act of selling railway e-tickets. Petitioners No. 1,2, and 3 are the

Primary Service Providers under IRCTC. The rest petitioners are

the Retail Service Providers to book railway e-tickets and manual

tickets for a certain period of time as per the agreement with the

IRCTC.

5. Thus, petitioner no. 01, Puja Travels has been

authorized to book railway e-tickets, using the passcode of M/s

Jayaswal Enterprises Pvt. Ltd. Petitioner no. 4 is authorized to

book Railway e-tickets as per Railways e-ticketing terms and

conditions using the passcode of M/s Birdres Technologies Pvt.

Ltd franchise system terminal connected to IRCTC system.

Petitioner no. 5 is a Retail Service Provider under Principle

Service Provider under Spice Money Ltd. To book Railway e-

tickets. Similarly, petitioner no. 06 and petitioner no. 7 are the

RSPs under PSP M/s Jayaswal Enterprises Pvt. Ltd. To book

Railway e-tickets. Petitioner no. 8, is a retailer of M/s Birdres

Technology Pvt. Ltd., which is one of the principal service

providers under IRCTC. Further, the case of the petitioners is that Patna High Court CR. WJC No.368 of 2023 dt.06-03-2024 5/21

the petitioners being the travel agents book tickets as per demands

of the customers from their respective offices, situated within the

jurisdiction of different police stations in the city of Patna,

Danapur, and Rajendra Nagar. None of the offices of the

petitioners are situated within the platform or passenger area of

any of the aforesaid railway stations. However, the grievance of

the petitioners is that members of the Railway Protection Force

(RPF) in utter violation of their jurisdiction as described in the

Railway Protection Force Act, habitually conduct illegal raids in

the offices of the said travel agents. The petitioners contend that

such raids were periodically conducted by the RPF for illegal

gratification in the name of monthly wasooli. According to the

petitioners, they do not have any jurisdiction to conduct any raid

outside the passengers area. It is alleged by the petitioners that on

different dates, the members of the RPF under the leadership of

respondents no. 6, 8, 9, and 10, conducted raids in the respective

offices of the petitioners and seized some articles under the seizure

list and submitted prosecution under Section 143 of the Indian

Railways Act. Moreover, while arresting the proprietors and/or the

employees of the petitioners/travel agents, they did not comply

with the direction of the Hon'ble Supreme Court in the case

of Arnesh Kumar (supra). Subsequent to their arrest, they were Patna High Court CR. WJC No.368 of 2023 dt.06-03-2024 6/21

produced before the Railway Magistrate, Patna, and on some

occasions, they were remanded to judicial custody. It is contended

by the petitioners that the petitioners are entitled to carry on

business, trade and commerce, in accordance with law. They are

either Principle Service Providers or Retail Service Providers

under IRCTC, and they have the right to conduct their business, in

accordance with the law, and hindrance in opening their business

by the State Authority violates Article 19(1)(g) of the constitution

of India. The respondents suffice a counter affidavit wherein, they

have denied the entire allegation made out by the petitioners in the

writ petition. In the counter affidavit, it is admitted that the

petitioners are registered agents of IRCTC, and as per the demands

of the passengers they book e-tickets for the passengers, as per the

terms and conditions of IRCTC. However, during festival seasons,

the demand for tatkal tickets increases, which causes big queues of

public/ passengers before the railway reservation counters for the

booking of tatkal tickets. Despite their best attempts, many

passengers could not get a confirmed ticket. It is alleged that the

passengers, who do not get confirmed tatkal tickets during festival

seasons, usually approach the IRCTC agents, and the tickets are

made available to them at a heavy price. It is also stated on behalf

of the respondents that to facilitate the general public for booking Patna High Court CR. WJC No.368 of 2023 dt.06-03-2024 7/21

of tatkal tickets, IRCTC opens the links for aforesaid agents after

15 minutes of opening the link for the general public, so that the

general public may get the first chance to book tatkal tickets. The

allegation against the petitioners is that during the first 15 minutes,

the agents used to book aforesaid Tatkal tickets by creating and

using multiple private IDs. Users of such private IDs, by these

agents, are strictly prohibited and against the terms and conditions

prescribed by IRCTC for these agents. Purchasing tickets using

private IDs by travel agents and selling them to different persons is

an offence under Section 143 of the Railways Act. In order to curb

the aforesaid practice, on the request of IRCTC, the RPF

conducted raids in the offices of the petitioners and the other

agents and registered case against them under Section 143 of the

Railways Act because they violated the terms and conditions of the

IRCTC and purchase tickets using their personal IDs. There was

an allegation that the travel agents used to sell these tickets at high

prices. It is further stated by the respondents that during raids, the

RPF officers not only got e-tickets from the possession of the

agents but also got manual/counter tickets which cannot be

purchased by the RSPs. IRCTC authorized the travel agents to

book online tickets through their assigned IDs only. But the travel

agents used their private IDs to purchase online tickets which are Patna High Court CR. WJC No.368 of 2023 dt.06-03-2024 8/21

forbidden and illegal, according to Section 143 of the Railways

Act. Therefore, the RPF officers conducted raids in the offices of

the authorized travel agents of IRCTC, found the case against

them, and booked them under Section 143 of the Railways Act. It

is further contended on behalf of the petitioner that none of the

provisions of the RPF (Amendment Act, 2003) has been violated

in conducting the raid. The respondents further contend that the

"passenger area" does not include only the railway platform, train,

and yard, it also includes other areas that are frequently visited by

the passengers. The offices of the agents are in and around Patna

Station, which is frequently visited by passengers for booking

tickets and thus, the offices of these agents fall under the ambit of

"passenger area". For the interest of the passengers, the raid in

question was conducted and there is no illegality in it.

6. The petitioners have filed a rejoinder to the aforesaid

counter affidavit denying such allegations which is specifically

stated that the petitioners never indulged in online booking of

tickets on some private IDs. Moreover, IRCTC has its own rules

and regulations formulated for reserved e-ticking service. For any

illegal activity, the said terms and conditions made by IRCTC and

duly approved by the Railway Board make the provision of major

penalties for any illegal activity by payment fine to the tune of Rs. Patna High Court CR. WJC No.368 of 2023 dt.06-03-2024 9/21

25Lakhs and suspension of PSP for three months. Therefore, Rule

143 of the Railways Act, is not applicable and the petitioners were

wrongly subjected to a criminal case.

7. Mr. Rajendra Narayan, learned senior counsel on

behalf of the petitioners submits that even if the allegation of the

respondents is accepted on its face value, the petitioners cannot be

held liable under Section 143 of the Railways Act. The sum and

substance of the allegations against the petitioners are that during

the first 15 minutes of opening of e-counter. The private travel

agents purchased tatkal tickets by using their own user IDs,

thereby depriving general passengers from getting tatkal tickets. It

is urged by the learned senior counsel on behalf of the petitioners

that the offices of the travel agents are not within the passenger

area of any of the stations where the raids were conducted. They

fall outside the passenger area. The Railway Protection Force

(RPF) has not received even a single complaint from a private

person that due to the illegal act of the travel agents hoarding of e-

tickets under the Tatkal Scheme within 15 minutes causes

deprivation to the general passengers. Therefore, the raid was

conducted without any specific complaint or allegation. The

petitioners came up with a case that in order to run a business, they

used to pay illegal gratification to the members of the Force. When Patna High Court CR. WJC No.368 of 2023 dt.06-03-2024 10/21

there is no allegation of illegal activity against any of the

petitioners suo motto raid in the offices of the travel agents speaks

a volume against the conduct of the respondents. It is also

submitted by the learned senior counsel on behalf of the petitioners

that the allegation against the petitioners does not constitute an

offence under Section 143 of the Railways Act.

8. Under the backdrop that no complaint was made by

any passenger against the travel agents. Let me first consider,

whether, Section 143 of the Railway Act is applicable in the

instant case or not. Section 143 of the Railway Act is a penal

provision for unauthorized carrying on all business procuring and

supply of Railway tickets. The provision runs thus:

"143. 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 authorised in this behalf,--

(a) carries on the business of procuring and supplying tickets for travel on a railway or for reserved accommodation for journey in a train; or

(b) purchases 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 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:

Patna High Court CR. WJC No.368 of 2023 dt.06-03-2024 11/21

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."

9. A plain reading of Section 143 states that the penal

provision does not apply to a reservation or an agent authorized on

this behalf. If any person, other than a Railway servant or an agent

authorized on this behalf carries on any business of procuring and

supplying railway tickets, he shall be punishable with

imprisonment for a term that may extend to three years or with a

fine that may extend to 10,000/- rupees or with both.

10. The petitioners are indisputably, the Retail Service

Provider/which agent of IRCTC. The IRCTC appoints Principle

Service Providers and Retail Service Providers on certain terms

and conditions. Clause C of the terms and conditions describes

penal provisions. The penal provisions as stated in the terms and

conditions are reproduced below:

C. Penalty Provisions

1. All fraudulent activities like Overcharging, booking tickets through personal user id's, creating multiple Personal user id's, Sharing of access credentials/RSP ID, Booking/cancellation of e-tickets in connivance with middle men/Third party, besides other irregularities, will be dealt strictly. Punitive action will be taken for any Patna High Court CR. WJC No.368 of 2023 dt.06-03-2024 12/21

misconduct/Irregularities/Non-compliance of the terms and conditions by invoking clauses 4.9 read with 19 (Internet Café Agreement) and 20 (B2B Agreement).

2. The penalties for Irregularities/Misconduct/Non-Compliance of PSPs/RSPs will be as under:

S.No Nature of Irregularities Penalty Provision (1) Major Irregularities i Software Tampering: Any activity restricted by a) A penalty Rs.25 lakh IRCTC like Cases such as: + Taxes will be imposed

a) Sharing of Access credentials, White per case on PSP and the Labelling, unauthorized branding, Tatkal services of PSP will be Robot Facility, saving booking form either at suspended for three server or at client machine or allowing Tatkal months.

form to be opened before stipulated Tatkal And time or during the banned time period, use of Cases involving cyber technology for gaining unfair advantage in act violations will be Ticket booking, Technical problems like reported to Cyber Crime making changes without proper testing etc. Police as well as RPF Misuse of IRCTC Website/IRCTC Rail (Railway Protection Connect Mobile App: Any activity restricted Force). by IRCTC like cases such as:

b) Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative work forms, transfer or sell any information from IRCTC Website/ b) A penalty Rs.10 lakh IRCTC Rail Connect Mobile App. Sale of + Taxes will be imposed Illegal Scripting/ Automated Software Tools per case on PSP and the by PSP to its RSPs or any individuals for services of PSP will be gaining advantage of booking tickets through suspended for 3 month. IRCTC Platform using personal User IDs. And Cases involving cyber act violations will be reported to Cyber Crime Police as well as RPF (Railway Protection Force).

ii. Un-authorised access - Cases such as: A penalty of Rs.20,000/-

Sharing of access credentials to web services, + Taxes per case, of a Sharing of RSP ID, Engagement with any complaint, will be other third party in any manner whatsoever to imposed on PSP and the sell e-tickets by any mode or manner including RSP ID of such outlet a e-commerce platform operating through a will be permanently website or Smartphone application or tablet deactivated application, Unauthorized Sale/Transfer of And Agency, etc. Cases involving cyber act violations will be Patna High Court CR. WJC No.368 of 2023 dt.06-03-2024 13/21

reported to Cyber Crime Police as well as RPF Iii. Point of sale fraud - Cases such as: 1. A penalty of Overcharging, nonpayment of refunds like Rs.20,000/- + Taxes per TDR refund claims, non-refund of cancellation case, of a complaint, and amount within the stipulated period, charging 2. A penalty of double of cancellation charges, False TDR Claim the amount of such overcharging/non-

payment + Taxes will be imposed on PSP.

3. The RSP ID of such outlet will be permanently deactivated.

And

4. Case will also be referred to RPF if found indulged in touting activity using personal ID iv. Non compliance of Booking/cancellation A penalty of Rs.20,000/-

mandates - Cases such as: Faking as a + Taxes per case, of a normal user and booking on website using complaint, will be multiple personal user Ids for commercial imposed on PSP and the gains, Manipulation of ERS, sale of I RSP ID of such outlet tickets/Counter tickets, Booking of benami will be permanently tickets, Transfer or resale of tickets, blocking deactivated accommodation giving fictitious names, And cancellation of ticket without the knowledge Case will also be of customer, Non filing of TDR on request of referred to RPF if found Customer, Booking/cancellation of tickets in indulged in touting connivance with middlemen/Third party. activity using personal Booking request/collection of payment from ID Unauthorized web based platform.

(2) Minor Irregularities i. Cases such as: 1. In the first instance, a

a) Any RSP outlet, if found without proper penalty of Rs.5,000/- + display of sign board indicating the IRCTC Taxes per case, of a instructions viz Service charges, Payment complaint, will be gateway charges, without registration imposed on PSP with a certificate being displayed; warning to RSP.

b) Non issuance of money receipt by RSP; And

c) RSP Address Mismatch; 2. In the second instance,

d) Any advertisement in print or press media a penalty of Rs.5,000/- + without prior permission from IRCTC in Taxes per case, of a writing; complaint, will be

e) Misuse of IRCTC LOGO without prior imposed on PSP and permission from IRCTC. RSP ID will be permanently deactivated.

ii. Cases such as; A penalty of Rs.5,000/- + Patna High Court CR. WJC No.368 of 2023 dt.06-03-2024 14/21

a) In the absence of written request/Electronic Taxes per case, of a request of customer for booking/cancellation complaint, will be of eticket. imposed on PSP.

b) If correct Mobile No. of one of the passengers is not mentioned at the time of booking (3) Other provisions i. If complaints are received and proved against A show cause notice will 5 different RSPs of PSPs in 01 month be issued to PSP. ii. If between 6-10 complaints are received and Services of PSP will be proved against different RSPs of a PSPs in 01 suspended for 01 month.

month Iii. If between 11-15 complaints are received and Services of PSP will be proved against different RSPs of a PSP in 01 suspended for 03 months months. If two such incidences are reported, the PSP will be permanently deactivated. iv. If more than 20 complaints are received and Services of the PSP will

proved against different RSPs of a PSP in 01 be suspended for 06 month months. If two such incidences are reported, the PSPs will be permanently deactivated.

However, i) the number of instances for imposing penalty will be counted based on date of occurrence of incidence as against date of reporting.

ii)The complaints arising out of bookings made through PSPs IDs will only be counted for penal action against PSPs

iii) The complaints arising out of bookings made through Personal IDs will be taken up through RPF under Railway Act for touting activity. Such complaints for tickets booked on personal ID will not be counted for the purpose of suspending PSPs on the criteria of number of complaints (4) For irregularities committed by RSP, necessary action will be taken against respective PSP also in addition to whatever action (like deactivation of RSP as decided by competent authority) taken against RSP. However, in case of criminal activity of RSP, necessary action will be taken by IRCTC through RPF against RSP.

5) Process of Complaint case:

i. Once a complaint is received, explanation will be called from the PSP of the RSP who is involved in the complaint.

ii. Once the irregularity is established, a show cause notice is issued giving 5 days time to reply. 3 days time is awarded for payment of penalty. Patna High Court CR. WJC No.368 of 2023 dt.06-03-2024 15/21

iii. If penalty imposed is not received within the stipulated period the same will be debited from RDS account of the PSP or if no RDS account is maintained, the services of PSP will be made offline till such time the amount is received from the PSP.

iv. The Competent Authority can however, take appropriate higher action against the erring PSP/ RSP, if deemed necessary including termination in the first or any instance in accordance with the provisions of the Agreement. v. Any other complaint, other than those mentioned above, is received against RSP/PSP in violation of IRCTC/Indian Railways rules and regulations, action will be initiated as per the decision of the competent authority case by case."

11. Clause 5 of the penalty provision delineates the

process of complaint case. Since PSPs and RSPs are appointed on

the terms and conditions of IRCTC duly approved by the Railway

Board, any alleged fraudulent activity like over-charging on

booking tickets through personal user IDs, creating multiple

personal user IDs, sharing of access credentials/RSPs IDs,

booking/cancellation of e-tickets in convenience with middle-

man/third party, etc., is subjected to penalty and cancellation of the

agencies by the IRCTC as per Clause C of the agreement.

Therefore, even if, some allegation is found against any authorized

agent, it is the duty of the authority to inform IRCTC to take action

in terms of penalty provisions. The petitioners being the authorized

agents of IRCTC cannot be held liable for committing an offence

under Section 143 of the Railway Act, 1989, even assuming the

travel agents use personal IDs to purchase e-tickets. Patna High Court CR. WJC No.368 of 2023 dt.06-03-2024 16/21

12. The learned senior counsel on behalf of the

petitioners has advanced the second limb of his argument,

submitting that the raid, search and seizure, and subsequent filing

of a complaint under Section 143 of the Railways Act by the RPF

officers is illegal. In view of the fact that no such offence was

committed within the "passenger area".

13. Section 3 of the Railway Protection Force Act, 1957

(hereafter described as RPF Act) deals with constitution of the

force. Section 3 runs thus:

"3. Penalty for unlawful possession of railway property.--Whoever is found, or is proved to have been, in possession of any railway properly reasonably suspected of having been stolen or unlawfully obtained shall, unless he proves that the railway property came into his possession lawfully, be punishable -

(a) for the first offence, with imprisonment for a term which may extend to five years, of with fine, or with both and in the absence of special and adequate reasons to be mentioned in the judgment of the court, such imprisonment shall not be less than one year and such fine shall not be less than one thousand rupees;

Patna High Court CR. WJC No.368 of 2023 dt.06-03-2024 17/21

(b) for the second or a subsequent offence, with imprisonment for a term which may extend to five years and also with fine and in the absence of special and adequate reasons to be mentioned in the judgment of the court, such imprisonment shall not be less than two years and such fine shall not be less than two thousand rupees."

14. Sub-Section 1 of Section 3, clearly states that

Railway Protection Force is constituted for better protection and

security of the Railway property. Section 2(c)(b) defines

"passenger area" which shall include railway platform, train, yard,

and such other area as is frequently visited by passengers.

15. It is contended on behalf of the respondents that the

private booking counters of travel agents are frequently visited by

the passengers and, therefore, the said booking counters are

"passenger area" and RPF can conduct raids in those booking

counters. Now, the question for adjudication is as to whether any

place outside the platform, train, and yard can be described as a

"passenger area" on the ground that it is frequently visited by

passengers.

16. Section 2(29) of the Railway Act, 1989 describes a

passenger as a person, traveling with a valid pass or a ticket. Patna High Court CR. WJC No.368 of 2023 dt.06-03-2024 18/21

17. The booking counters are visited by persons who are

the customers of tickets. Unless and until they get valid tickets,

they are not passengers. In the Railway counters situated on the

platform, people standing in a queue to purchase tickets are

customers, when tickets are purchased and they are authorized to

travel by train, they are passengers. The definition of the

"passenger area" is to be construed, taking into account, the

definition of passenger. Moreover, if both the definitions of

passenger, contained in the Railway Act and "passenger area"

contained in the Railway Protection Act are to be taken into

consideration together, the word passenger area cannot be read in

isolation from the platform train and yard because the definition of

passenger denotes a person who either travels in a train or having a

valid ticket to travel. Both definitions contain an enumeration of

specific words. The subjects of enumeration constitute a class or

category, i.e., the passenger. The class or category is not exhausted

by that enumeration. The general terms, therefore follow the

enumeration and there is no indication of different legislative

intent. Thus, the following are the ratio in the case of Amar

Chandra Chakraborty v. Collector of Excise, Govt. of Tripura

and others, reported in (1972) 2 SCC 442 and U.P. SEB v. Hari

Shankar Jain, reported in (1978) 4 SCC 16. the doctrine of Patna High Court CR. WJC No.368 of 2023 dt.06-03-2024 19/21

ejusdem generis was applied to search out the meaning of a

particular word.

18. The same principle, if applied in the instant case, it

would be found that the word search other area as is frequently

visited by passengers is to be interpreted, in relation to Railway

platform, train, and year. This is also to be noted that in the

definition of "passenger area" the words Railway platform, train,

and yard and the phrase such other area as is frequently visited by

the passengers are joined with the word 'and' which is conjunctive

and not disjunctive.

19. Therefore, by no stretch of the imagination, it could

be stated that the passenger area is extended outside the platform

area and the jurisdiction of the RPF is extended to any place for

conducting raid. Therefore, I do not find any other alternative but

to hold that the raids conducted in the offices of the petitioners by

the RPF officers and lodging prosecution against them under

Section 143 of the Railway Act are illegal and beyond the statutory

power of the Railway Protection Force.

20. My ultimate decision may be illustrated by the

following example. For the convenience of the passengers, either

the Indian Railways or IRCTC has opened booking counters at

places where there is no railway connectivity to facilitate the Patna High Court CR. WJC No.368 of 2023 dt.06-03-2024 20/21

passengers of such areas to purchase tickets for their journey from

the nearest railway stations. Is it possible for the RPF to conduct a

raid in those booking areas, where there is no railway platform,

operation of train services, and yard? The answer must be in the

negative.

21. The question inter alia arises then, what will be the

remedy if the Retail Service Providers adopt unscrupulous means

to purchase tickets, using their own IDs? The answer lies in the

penalty provision contained in part C of the terms and conditions

of the IRCTC agreement for the appointment of PSPs and RSPs.

22. If any such allegation comes to the officers of the

RPF, the RPF officers shall forward such allegation to the IRCTC

for taking necessary action against the unscrupulous travel agents,

in terms of part C of the terms and conditions of the agreement

between IRCTC, PSP, and RSP.

23. For the reasons stated above, the entire activity of

the RPF, of conducting raid, search and seizure, and submission of

prosecution is held to be illegal and void ab initio. The criminal

proceedings under Section 143 of the Railway Act, against the

petitioners be quashed.

24. With regard to the petitioners' prayer for taking

action against the officers of the RPF for unlawful arrest, violating Patna High Court CR. WJC No.368 of 2023 dt.06-03-2024 21/21

the guideline of the Hon'ble Supreme Court in Arnesh Kumar

(supra), the petitioners are given the liberty to take action against

the concerned officers for non-compliance of the mandatory

provisions of Section 41A and Section 41(i)(ii)(b) of the Code of

Criminal Procedure.

25. With the above order, the instant writ petition is

allowed on contest. However, there shall be no order as to cost.

26. Let a copy of this order be sent to the respondents

no. 4-10, for information and future action.

(Bibek Chaudhuri, J) Suraj Dubey/-

AFR/NAFR NAFR CAV DATE 19.02.2024 Uploading Date 06.03.2024 Transmission Date 06 .03.2024