The Calcutta High Court has made strong remarks against TTEs who allot vacant berths in exchange for money. On Monday, the court said TTEs sell empty berths “like vegetables in a market”, and that this practice allows criminals to target passengers by gaining access to reserved coaches.
It added that such malpractice has led to incidents where passengers are drugged and robbed on trains.
A bench of Justices Rajasekhar Mantha and Biswarup Chowdhury made the observations while hearing the appeal of two convicts in a 2009 robbery-cum-death case on the Teesta-Torsa Express.
The bench said that when TTEs allot vacant berths to passengers with general tickets in return for money, criminals get an opportunity to approach passengers inside reserved coaches. The court also noted that records showed not just one, but several TTEs had failed to discharge their duties properly during the journey.
Verdict in a 17-year-old case
On February 23, 2009, two passengers travelling on general tickets boarded the Teesta-Torsa Express from New Jalpaiguri to Sealdah. They allegedly paid a TTE to obtain vacant berths in the S-8 coach.
During the journey, two men befriended them and mixed intoxicating substances into their food and drinks, rendering them unconscious before robbing them of their belongings.
One passenger, Sunil Kumar Das, died after consuming the poisonous substance, while the other, Arun Chakraborty, survived after spending nine days in hospital. The two accused were later convicted in the case.
Three key points from the High Court’s judgment
- The court found major lapses in the police investigation. The victim’s viscera was never sent for forensic examination, and hospital records of the surviving passenger were not collected. Due to these shortcomings, the murder charge could not be proved.
- The court set aside the convictions for murder, attempt to murder, and theft, but upheld the conviction under Section 328 of the IPC for administering a poisonous or intoxicating substance with intent to commit an offence. Since both convicts had already spent more than the prescribed seven-year sentence in prison, the court ordered their release.
- The High Court directed that a copy of its judgment be sent to the General Manager of Eastern Railway and railway authorities across the country. It also called for strict action against TTEs who sell vacant berths for money to help prevent such crimes in future.
