Kerala High Court
U.Gopakumar vs State Of Kerala on 29 October, 2019
Equivalent citations: 2020 CRI LJ 903, AIRONLINE 2019 KER 529
Author: S.Manikumar
Bench: S.Manikumar, C.K.Abdul Rehim
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM
TUESDAY, THE 29TH DAY OF OCTOBER 2019 / 7TH KARTHIKA, 1941
WA.No.2009 OF 2019
AGAINST THE JUDGMENT DATED 11.6.2019 IN WP(C) 1748/2019(P) OF HIGH COURT OF KERALA
APPELLANTS/PETITIONERS IN WPC:
1 U.GOPAKUMAR, AGED 36 YEARS
S/O.UNNIKRISHNA PILLAI, RESIDING AT AIKKARA HOUSE,
CHANGANKULANGARA, VAVVUKAVU P.O., OCHIRA P.O.,
KOLLAM, PIN - 690 528.
2 O.SREEKUMAR, AGED 38 YEARS,
S/O.OMANAKUTTAN, SREE NILAYAM, CHOLA, MUKUNDAPURAM,
CHAVARA, KOLLAM, PIN - 691 585.
3 SAJEEV KARUNAKARAN, AGED 34 YEARS
S/O.KARUNAKARAN, PARAYANTHOTTATHIILMEKKATHIL (H),
SC MARKET P.O., KOZHIKODE, KARUNAGAPPALLY, PIN - 690 573.
4 SEENAMOL, AGED 36 YEARS
W/O.GOPAKUMAR, RESIDING AT AIKKARA HOUSE,CHANGANKULANGARA,
VAVVAKKADU P.O., OCHIRA, KOLLAM, PIN - 690 528.
BY ADV. SRI.P.G.JAYASHANKAR
RESPONDENTS/RESPONDENTS IN WPC:
1 STATE OF KERALA,
REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY, DEPARTMENT OF
HOME, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2 DIRECTOR GENERAL OF POLICE AND STATE POLICE CHIEF,
POLICE HEADQUARTERS, VAZUTHUACAUD, THIRUVANANTHAPURAM - 695010.
3 COMMISSIONER OF POLICE, KOLLAM CITY, KOLLAM -691001.
4 SUPERINTENDENT OF POLICE,
ALAPPUZHA, CCSB ROAD, CIVIL STATION WARD, ALAPPUZHA,
KERALA -688 012.
5 CENTRAL BUREAU OF INVESTIGATION, PLOT NO.5-B, 6TH FLOOR, CGO
COMPLEX, LODHI ROAD, JAWAHARLAL NEHRU STADIUM MARG, NEW DELHI,
DELHI - 110 003, REPRESENTED BY ITS DIRECTOR.
6 SUB INSPECTOR OF POLICE,
KAYAMKULAM POLICE STATION, KAYAMKULAM - 690 502.
BY SPECIAL GOVERNMENT PLEADER SRI.M.A.ASIF
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 29.10.2019, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
WA. 2009/2019
2
"C.R."
JUDGMENT
S.Manikumar, C.J.
Instant writ appeal is filed against judgment dated 11.06.2019 in W.P. (C) No.1748 of 2019, by which the writ court declined to issue a writ of mandamus directing the Central Bureau of Investigation, respondent No.5 to take up further investigation.
2. Facts culled out from the material on record are that, a complaint was lodged on 12.11.2015 before Kayamkulam Police Station alleging that with intent to cheat and to obtain excess profit, the accused therein and others, by offering a job in 'Etisalat', a company in Adu Dhabi, and promising a salary of Rs.34,000/- per month, obtained Rs.20,000/- on 5.7.2015 and a further sum of Rs.80,000/- (Rs.1 lakh in total) on 6.7.2015 at Highness Tours and Travels situated opposite to MSM College, Kayamkulam, run by the accused therein and by not providing the job actually offered, alleged they had committed the offence of cheating.
3. After obtaining statement from the de facto complainant, the Sub Inspector of Police, Kayamkulam has registered a case on 12.11.2015 as WA. 2009/2019 3 Crime No.3753 of 2015 under Section 420 of the IPC and submitted the First Information Report to the court of competent jurisdiction and higher authorities. After investigation, a final report was laid on 15.10.2016 before the jurisdictional Magistrate alleging offences under Section 420 of the IPC and Section 26 of the Emigration Act, 1983.
4. Being aggrieved that the police failed to frame a charge under Section 370 of the IPC, the investigating agency has acted hand in glove with the accused and submitted a final report and whereas, the recruitment undertaken by the accused therein is nothing but an act of human trafficking done in an unauthorised manner, which according to the writ petitioners, has an interstate and international ramification, petitioners have filed W.P.(C) No.1748 of 2019, for a mandamus directing the Central Bureau of Investigation to conduct further investigation.
5. Before writ court, the Inspector General of Police, Kochi Range has filed a report controverting the averments therein and contended that though a meticulous investigation was conducted, there was no evidence to substantiate the commission of offences under Sections 370 and 370A of the IPC. The Inspector General of Police has further submitted that the investigation revealed that accused therein had offered a job oversees and WA. 2009/2019 4 failed to provide the assured job, which amounts to cheating and violation of Section 26 of the Emigration Act and thus, a final report was filed. He has also stated that another crime has been registered against 1 st accused therein by Kayamkulam Police Station, under Sections 406 and 420 of the IPC. Thus, he has opposed the prayer for a further investigation by CBI.
6. Adverting to the above submissions and taking note of the decision of the Hon'ble Supreme Court in Secretary, Minor Irrigation and Rural Engineering Services, U.P. And Ors. v. Sahngoo Ram Arya and Ors. reported in AIR 2002 SC 2225, writ court, came to the conclusion that writ petitioners did not make out a case for ordering further investigation by CBI. Following the decision of the Hon'ble Apex Court, writ court further observed that the extraordinary power of entrusting the investigation with CBI will have to be exercised sparingly, cautiously and in exceptional situations where it becomes necessary to provide credibility and instill confidence in investigations or where the incident may have national and international ramifications or where such an order may be necessary for doing complete justice and enforcing the fundamental rights. Thus, holding so, writ court, by judgment dated 11.06.2019 in W.P.(C) No.1748 of 2019, declined the prayer sought for by the writ petitioners.
WA. 2009/20195
7. Being aggrieved, instant writ appeal is filed raising the following contentions:
"While registering the crime, the investigating agency tried to downplay the offence as one of mere cheating, without looking into the larger canvass. Aggrieved by the arbitrary of the investigating agency, the 1st appellant herein preferred a writ petition before this Hon'ble Court, as WPC No.39799 of 2017, seeking the interference of this Hon'ble Court. When the matter had come up for hearing, the learned Public Prosecutor, on instructions, submitted that the investigation was over and that a final report has already been submitted in the matter, charging the accused under Section 420 of the Indian Penal code, 1860 and Section 26 of the Emigration Act, and that the matter is pending as CC No.85/2017 on the files of the Judicial First Class Magistrate, Kayamkulam. In the view of the alleged completion of investigation, this Hon'ble Court disposed of the said writ petition, leaving liberty to the appellant to challenge the final report, through appropriate proceedings. A true copy of the judgment dated on 11.01.2018 in WPC No.39799 of 2018 of this Hon'ble Court was produced along with the writ petition as Exhibit P4.
It was specifically pointed out that the crimes were committed by the accused, with the active knowledge and connivance of various "state" and "non-State" actors, including those who are situated outside Indian Territory. On that count, it was essential to have the investigation completed by an agency like the 5th respondent, which alone can effectively tackle an issue having international ramifications.WA. 2009/2019 6
The appellants would submit that the recruitments undertaken by the accused in fact nothing short of human trafficking, in its worst form. The illegal activities are undertaken in an organized manner, and have inter-state and given international ramifications. The international community has recognized human trafficking as a crime against humanity. (See Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and children art 3, Nov.15, 2000 UN DOC. A/55/383 at 25 (2000) ["Palermo Protocol"]). As provided in Art 3 of Palermo Protocol, recruitment, transportation of transfer of persons, by means of deception is specifically included as a form of Human Trafficking. Human Trafficking is widely regarded as modern day slavery (See Article 1 of Section I of Un1956 Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery). At any given time in 2016, an estimated 40.3 million people were in modern slavery. Out of this, approximately 24.9 million people are trapped in forced labour. (See ILO, Global Estimates of Modern Slavery forced Labour and Forced Marriage , Geneva 2017 at p.9).
It is also reliably understood that the actions on the part of the accused involves the complicity of various 'State' and 'non- State' agencies. These crimes are committed by the accused with the active knowledge and connivance of various other agencies, including those who are situated outside the Indian Territory. The state run investigating agency does not have the expertise and resources to undertake the investigation in these instances of organized trafficking. Only a central agency like that of the 5 th respondent can effectively tackle such large scale trafficking in humans.WA. 2009/2019 7
The accused have been habitually engaged in the trafficking of human being, by styling the same as recruitment. By these acts of illegal recruitment, the accused has trafficked a large number of natives on a day to day basis and these acts of illegality are continuing even today. One of the reasons for the continued and increased rate of human trafficking is the fact that the investigating agencies have understood the scope and ambit of human trafficking. The instances of visa fraud are merely looked down by the investigating agencies are mere instances of cheating. The learned Single Judge, it is respectfully submitted, erred in dismissing the writ petition."
8. On the above grounds, Mr.P.G.Jayashankar, learned counsel for the appellants, submitted that investigation has been done in a casual manner. Investigating officer has not examined the de facto complainants on the aspect of human trafficking and there is no fair investigation. He has also submitted that the Hon'ble Supreme Court of India, on more than one cases, has laid down the importance of life guaranteed under Article 21 of the Constitution of India and according to him, there is a failure on the part of the respondents in properly investigating the case. It is the contention of Mr.P.G.Jayashankar, learned counsel for the appellants that, writ court ought to have issued a writ of mandamus directing CBI to take up further investigation.
WA. 2009/20198
9. Though the learned Government Pleader, by inviting the attention of this Court to a combined paper book and the final report dated 15.10.2016 enclosed with the typed set of papers filed along with the writ petition, submitted that the Sub Inspector of Police, Kayamkulam Police Station, who registered a case initially as Crime No.3753 of 2015, subsequently, during investigation, found that accused therein had committed the offence under Section 26 of the Emigration Act, has submitted a final report before the learned Magistrate. In such circumstances, it cannot be contended that the investigation conducted is improper. Learned Government Pleader further contended that writ court has considered the entire material on record and rightly opined that there was no need for a further investigation to be conducted by the Central Bureau of Investigation, respondent No.5.
10. On the above averments, in order to ascertain the statements made before the Sub Inspector of Police, Kayamkulam, respondent No.6, learned Government Pleader was directed to produce the case diary. Exhibit-P3 FIR in Crime No.3753 of 2015 dated 13.11.2015 registered on the file of Kayamkulam Police Station shows that the de facto complainants/writ petitioners have primarily alleged cheating, by the accused therein that they have not provided a job actually offered. Statements given by WA. 2009/2019 9 Sri.O.Sreekumar, writ petitioner No.2, Sajeev Karunakaran, writ petitioner No.3, Seemamol, writ petitioner No.4, and Mr. U.Gopakumar, writ petitioner No.1, are extracted herein:-
"The statement of facts disposed by Shri.Gopakumar, aged 33 years, S/o Unnikrishna Pillai, residing at Aikkara Veedu, Changankulangara muri, Ochira Village, Kayamkulam, Alappuzha, Kerala state before before Shri.D.Rejeeshkumar, Sub Inspector of Police, Kayamkulam Police station on . . .. .-11-2015 at . . . . . hours at the station office. (Mob.9544551484) I came to report a cheating case against one Shri.Habeeb, who runs an office under the name and style Highness Tours and travels at the opposite side of M.S.M.College, Kayamkulam. The accused Habeeb took one lakh rupees from me by offering employment at "Etisalat" Abu Dhabi. I came to report that on arriving at Abu Dhabi I didn't get the job offered and mutually agreed earlier. I had been provided with a low profile work and low salary. Presently I am working as a technician in a company 'Sun Direct Vision'.
The complainant further stated that, the accused through a local television 'VI' channel advertised the man power requirement in 'Etisalat' Abu Dhabi. (Etisalat is the telecom corpon of the UAE Government) Responding to the said advertisement in VI channel, I have visited the office of the Highness tours and Travels on 4 th July 2015 and inquired about the details of the employment offered. The proprietor of the said tours and travels explained to me that the recruitment is meant for the airport and there will be a salary equivalent to IRS 20,000 plus overtime benefits. He further assured WA. 2009/2019 10 that there will be a take away income to the tune of IRS 34,000 per month.
The accused put a price tag for the visa and travelling expenses to the tune of Rs.1,00,000 (Rupees one lakh only). He demanded Rs.20,000/- immediately for air ticket booking. Accordingly Rs.20,000 had been paid paid to him on 5.7.2015 at his office. The balance amount of Rs.80,000/- had been arranged and paid to Habeeb at his office by my office by my wife, Seema and myself together on 6.7.2015. Immediately I have been given a copy of the visa and air ticket and using the same, on 7.7.2015, I left the country on 7.7.2015 enroute to Abu Dhabi from Nedumbassery Airport.
On arrival at Abu Dhabi, I couldn't find any employment opportunities with Etisalat; instead of the promised employment, I had been provided with road cleaning job. I had been neither given the salary as assured nor the accommodation and food included in the package. In this connection, I got the helping alms from the Keralite Community there to survive for a while. I found other persons in distress and similar situation there, say for instance, Sajeev from karunagappally, Sreekumar from chavara, Renjith from Pandalam, Ananthu from Padanilam, Nooranandu. They told me that they were also duped by the very same Habeeb after collecting Rs.1,00,000/- each from them.
I continued in the road cleaning work for one month at a meager amount AED 650 (Dirhams) per month. Since I had been deprived of the assured job and the corresponding salary, I have availed the help of the Indian Embassy at Abu Dhabi for my repatriation to the home country. Thus I reached my home on WA. 2009/2019 11 8.10.2015. Shri.Habeeb, owner and proprietor of Highness Tours and Travels had been deliberately cheated me and other persons whose names are mentioned above for his monetary gain.
Statement read over to me and is correct: Sd/ Gopakumar.U Statement read over to the complainant, consented and confirmed as true : Sd/ Sub Inspector of Police, Kayamkulam The statement of facts disposed by Sreekumar, aged 34 years, S/o Omanakuttan, residing at Sree Nilayam veedu, Naduvathethil muri, Panmana village, Kayamkulam, Alappuzha, Kerala state before Sub Inspector of Police, Kayamkulam Police Station (Mob # 9947861091) I am doing tile fixing works now. Previously I had worked in Bahrain and Mascot for six years. I have seen an advertisement of Highess Tours and Travels in Metro for six years. I have seen an advertisement of Highness Tours and Travels in Metro TV Channel for manpower requirement for a Food Company in Dubai for Chocolate packing. Accordingly I went to Highess Tours and Travels located at the opposite side of MSM College, Kayamkulam and met with its proprietor Mr.Habeeb. He offered me monthly salary equivalent to Irs 35,000 and a package including food and accommodation. He asked for Rs.1,00,000/- (Rs.One lakh only) as visa charge and demanded Rs.25,000/- as immediate payment. Accordingly, Rs.25,000/- and the passport had been handed over to Mr.Habeeb. On 03-07-2015, Mr.Habeeb demanded the balance amount of Rs.75,000/- over telephone. Hence on 04-07-2015 accompanied by the paternal uncle WA. 2009/2019 12 handed over the balance amount of Rs.75,000/- to Habeeb at his office. Then he gave me the air ticket and visa to me and I left the country on 11-07-2015 and reached at Dubai. I stayed at Dubai for three months. Within that period I got one month employment at 'Etisalat' and salary equivalent to IRS 12000. I have not been offered with the promised employment and the corresponding salary abroad. Ventured by the circumstances, I have took up my case with Indian embassy along with three other person. The Indian Embassy referred our cases to the Labour Court there and on inquiry it had been found that we were not given the employment and salary as in the Visa. Hence our repatriations had been arranged. It is confirmed that Mr.Habeeb, Highness Tours and travels cheated as for his illegal monetary gain.
The statement read out to me and consented and confirmed by me.
Sd/-
Sub Inspector of Police Kayamkulam Statement of Shri.Sajeev, aged 30, S/o.Karunakaran residing at Parayanthottil mekkethil house, (near to Sasthanada temple south), Kozhikode muriyil, Ayanivelikkulangara village, Karunagappally taluk (Mob 954416831) deposed before the GASI of Police, Kayamkulam on 23/11/2015.
I am an ordinary labourer. I have gone through the advertisement of Highness Tours and travels near to the MSM college at Kayamkulam for the recruitment of workers for foreign employment. I have studied ....... Hence my passport had been taken over by the recruiting agency, assuring that, they will arrange hospital cleaning job WA. 2009/2019 13 for me at Abu Dhabi. And I had been assured AED 1200 as monthly salary for the hospital cleaning job. Contrary to the assurance, I had been sent to Dubai for loading and offloading works. The facilities for accommodation and food were included in the package. But the agency acted with their monetary benefits only; hence accommodation and food had not been provided. I have informed the situation to Habeeb. Then he told me that he will manage to change the nature of duty. But I insisted to arrange my repatriation. But the agency who sent me abroad had not done anything for me. I had to stay for 2 and a half months in difficult situation. With the help and assistance of Indian Embassy I cam back to India on 8-10-2015.
I have paid Rs.100000 (Rs.One Lakh only) to Shri.Habeeb, owner and proprietor of Highness Tours and travels towards visa and travelling charges. I had been to the said Highness Tours and Travels on 22-08-2015 and as instructed by Shri.Habeeb, I have handed over Rs.50,000/- to his brother in law by name Rehim. They permitted me to pay the remaining balance Rs.50,000/- within fifteen days. In my absence, my mother Radhamony arranged the balance amount of Rs.50,000/- paid to the agency under intimation to me.
The statement read over to me and consented and confirmed: Sd/-
Sd/-
GASI of police Kayamkulam 23-11-2018 Statement of Seemamol, aged 33, W/o.Gopakumar, Changankulangara muriyil, Ochira Village, Kayamkulam as stated below:WA. 2009/2019 14
I am wife of Gopakumar and attending household matters. We have seen an advertisement in V1 TV Channel offering employment opportunities at 'Etisalat', Abu Dhabi by Highness Tours and travels functioning at the opposite side of MSM College, Kayamkulam. My husband contacted the owner and proprietor of the said travel agency in their office. He made him to believe that there will be a monthly salary equivalent to Indian Rupees 20,000/- plus overtime benefits. He informed us that the expenses for arranging visa and related expenses will be Rs.100,000(One lakh only) and Rs.20000/- was to be paid immediately. My husband informed the matter to us and accordingly Rs.20000 has been paid on 1.7.2015 directly by my husband and remaining Rs.80000/- we together paid Habeeb at his office on 3.7.2015. We mobilized the said amount jewel loan and other means.
My husband went to Abu Dhabi on 4.7.2015 embarking from Nedumbassery airport.
Contrary to the assurance given, my husband had not been provided with the proper employment and accommodation and food. He had been assigned for road cleaning at a meager salary of United Arab Emirate Dirhams (AED) 650 only. Finally he had been helped by the Indian Embassy for his repatriation to the Home country and arrived on 8.10.2015. Since had been cheated, several complaints had been forwarded to different office. After receiving an amount of one lakh the recruiting agency had failed to provide him the assured job and its accompanying benefits and thereby the owner and proprietor of Highness Tours and Travels cheated us.
Statement readout to me, consented and confirmed. WA. 2009/2019 15
Sd/-
Sub Inspector of Police, Kayamkulam"
Additional Information deposed by Gopakumar, aged 32 years, S/o. Unnikrishnan, residing at Ikkara House, changankulangara Muriyil, Ochira Village, Kayamkulam.
The statement which I have deposed before the Sub Inspector of Police, Kayamkulam on 12.11.2015 has been once again read out to me. There are certain discrepancies as to the dates mentioned there, by inadvertence. Hence it may be corrected and updated in the following effect:
I had stated earlier that I have gone to the office of the Highness Tours and Travels for inquiries as on 4.7.2015 and made the part payment of 20,000/- on 05.07.2015. The remaining amount of Rs.80000/- had been paid at the office of the Highness Tours and Travels by my wife and myself together had been on 08.07.2018. Those dates are wrongly and inadvertently stated. The actual date at which I gone for inquiries were on 28 June 2015 and the advance payment of Rs.20,000/- had been paid to Habeeb had been done on 01.07.2015. The remaining amount of Rs.80,000/- had been paid to Habeeb on 03.07.2015.
The statement had been readout to me and consented and confirmed.
Sd/-
Sub Inspector of Police, Kayamkulam"WA. 2009/2019 16
11. Perusal of the above statements make it manifestly clear that none of them has alleged that they were trafficked to a foreign country for exploitation. All of them have given statements alleging cheating. However, during investigation, the Sub Inspector of Police, Kayamkulam Police Station, respondent No.6, has found that Section 26 of the Emigration Act, is attracted. Section 26 of the Emigration Act is extracted below:-
"26. Offences to be cognizable.--Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), all offences under this Act shall be cognizable. "
12. Accordingly, final report was laid under Section 420 of the IPC and Section 26 of the Emigration Act, 1983.
13. Mr.P.G.Jayashankar, learned counsel for the appellants, submitted that Sections 370 and 370A of the IPC dealing with human trafficking are attracted and the investigating officer has failed to consider the same, we deem it fit to extract the sections.
"S.370. Trafficking of person.- (1) whoever, for the purpose of exploitation (recruits, (b) transports, (c) harbours, (d) transfers, or (receives, a person or persons, by-
First .- using threats, or Secondly.- using force, or any other form of coercion, or Thirdly.- by abduction, or Fourthly.- by practising fraud, or deception, or WA. 2009/2019 17 Fifthly.- by abuse of power, or Sixthly.- by inducement, including the giving or receiving or payments or benefits, in order to achieve the consent of any person having control over the person recruited, transported, harboured, transferred or received, commits the offence of trafficking. (2) Whoever commits the offence of trafficking shall be punished with rigorous imprisonment for a term which shall not be less than seven years, but which may extend to ten years, and shall also be liable to fine.
(3) Where the offence involves the trafficking of more than on person, it shall be punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life, and shall also be liable to fine. (4) Where the offence involves the trafficking of a minor, it shall be punishable with rigorous imprisonment for a term which shall not be less than ten years, but may extent to imprisonment for life, and shall also be liable to fine.
(5) Where the offence involves the trafficking of more than one minor, it shall not be punishable with rigorous imprisonment for a term which shall not be less than fourteen years, but which may extend to imprisonment for life, and shall also be liable to fine. (6) If a person is convicted of the offence of trafficking of minor or more than one occasion, then such person shall be punished with imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life and shall also be liable to fine. (7) When a public servant or a police officer is involved in the trafficking of any person then, such public servant or police officer shall be punished with imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, and WA. 2009/2019 18 shall also be liable to fine.
S.370A. Exploitation of a trafficked person.-(1) whoever, knowingly or having reason to believe that a minor has been trafficked, engages such minor for sexual exploitation in any manner, shall be punished with rigorous imprisonment for a term which shall not be less then five year, but which may extend to several years, and shall also be liable to fine.
(2) whoever, knowingly by or having reason to believe that a person has been trafficked, engages such person for sexual exploitation in any manner, shall be punished with rigorous imprisonment for a term which shall not be less than three years, but which may extend to five years, and shall also be liable to fine."
14. Though the learned counsel for the appellants submitted that accused therein are habitually engaged in human trafficking by styling the same as recruitment and thus, accused therein had trafficked large number of persons on a day today basis, no material has been placed to substantiate the said averments.
15. Contention of the appellants that the menace of human trafficking has clearly affected the State of Kerala is a general allegation. The main ingredients of Section 370 of the IPC which criminalises human trafficking (vide Amended Act 13 of 2013) with effect from 3.2.2013 is that, "recruitment, transportation, harbouring, transferring or receiving payment or WA. 2009/2019 19 benefit in order to achieve the consent of any person having control over the person recruited, transported, harboured, transferred should be "for the purpose of exploitation".
16. During the course of investigation, none of the de facto complainants has made any statement alleging exploitation by the accused therein. There is no evidence to substantiate the commission of offence under Sections 370 and 370A of the IPC by the accused therein, except cheating. The only allegation in the complaint and statements made during investigation is that accused therein had cheated the de facto complainants by not providing the assured job.
17. Complaints and the statements extracted supra have been duly enquired into by the Sub Inspector of Police, and apart from Section 420 of the IPC, Section 26 of the Emigration Act has been added in the final report. Prima facie, there are no materials to hold that Sub Inspector of Police, Kayamkulam Police Station, respondent No.6, has failed to conduct a fair and proper investigation into complaint and the statements recorded. None of the de facto complainants/writ petitioners, has made any allegation of human trafficking. Accordingly the Inspector General of Police has filed a report before the writ court. There is no evidence, prima facie that, for the purpose WA. 2009/2019 20 of exploitation, accused therein have recruited complainants.
18. Going through the entire material on record, this Court is of the view that the finding of writ court that the writ petitioners/appellants have not made out a case for ordering further investigation by the Central Bureau of Investigation.
Judgment of writ court dated 11.06.2019, does not require interference. Writ appeal is dismissed. No costs.
Sd/-
S.Manikumar, Chief Justice Sd/-
C.K.Abdul Rehim, Judge krj //TRUE COPY// P..A TO JUDGE