Delhi District Court
Cbi vs (1) Sudhir Sharma on 12 March, 2013
:1:
In the Court of Ms. Kaveri Baweja
Additional Sessions JudgeFTC (Central)
Tis Hazari Courts: Delhi.
Sessions Case No. : 143/09
Unique ID No. : 02401R0459382002
CBI versus (1) Sudhir Sharma
S/o Sh.R.P.Sharma
R/o 18/87, MIG Flat
Sector7, Rohini, Delhi.
(2) Amarjit Singh
S/o Makhan Singh
R/o Vill. Nawan Pind Naicha
(near Goraya), Distt. Jalandhar
Punjab.
(Declared PO vide order
dated 31.03.2005)
(3) Late Gujinder Singh
S/o Sh.Karnail Singh
R/o Village Bahrundi,
Distt. Ludhiana, Punjab.
(Expired)
(4) Harjinder Singh
S/o Late Sh.Jagdev Singh
R/o Vill. Roorgarh Road,
PS Sherpur, Distt. Sangrur,
Punjab. (Approver)
(5) Gurdev Singh
:2:
S/o Sh.Sardul Singh
R/o Vill. Bal. Tehsil Balpurian
Batala, Gurdaspur (Punjab)
Case arising out of:
FIR No. : RC05(S)/01
Police Station : CBI/SIC1/New Delhi
Under Section : 379/380/465/468/471/120B & 12(1)(c) P.P.
Act
Judgment pronounced on : 12.03.2013
JUDGMENT
Case of the Prosecution:
As per charge sheet the accused Sudhir Sharma was charge sheeted by the CBI in the present case i.e. RC05(S)/01. Besides this, the CBI also charge sheeted one Harjinder Singh, who was placed in column No.2 of the charge sheet as during the course of investigation, be became Approver and was granted pardon by the court by the concerned court on 11.02.02. Besides Harjinder Singh, one Gurjinder Singh (since deceased) was also kept in Column No.2 of the charge sheet. Charge sheet further reveals that one Amarjeet Singh was also charge sheeted by the CBI who was declared Proclaimed Offender by :3: the court vide order dated 31.03.2005.
As per the case of the Prosecution, accused Sudhir Sharma was working with Mr.T.S.Duggal who was running a Company in the name of M/s T.S.Duggal Enterprises. While working in the said company, he used to send manpower to various Gulf countries and used to visit the Immigration office and the office of M/s Thomas Cook, Connnaught Place, New Delhi and in the process he developed an expertise in the field of manpower export. In the office of M/s Thomas Cook, New Delhi accused Sudhir Sharma came in contact with Sh.Anand Singh Negi, an employee of M/s Thomas Cook and he developed close friendship with him and during the year 1990, Sh.Anand Singh Negi used to visit CPV Division, Ministry of External Affairs, Patiala House, New Delhi, to obtain official passports and visa etc. in the name of the persons connected with the Indian Council of Cultural Relations (ICCR) which was being attended to by M/s Thomas Cook and during his visit in CPV Division, MEA Anand Singh Negi developed friendship with late Gujinder Singh who was working as Peon there. Gujinder Singh was having access to all sections of MEA, :4: Patiala House, New Delhi and was well conversant with the process of issuance of passport and visa etc. It is further alleged that accused Sudhir Sharma wanted to earn easy and quick money and decided to send aspirants abroad after charging heavy amount in lieu of arranging passport, visa etc. During the year 199293 he discussed his desire to make money with Anand Singh Negi who, in turn introduced Sudhir Sharma and Gujinder Singh to each other. All three of them used to keep on meeting each other and in the year 199293 accused Sudhir Sharma, Gujinder Singh and Anand Singh Negi hatched a criminal conspiracy to send aspirants to USA on forged official passports. It was decided by them that late Gujinder Singh will take out undelivered official passports lying in PVII MEA and photographs of the aspirants provided by Sudhir Sharma would be posted/replaced on the official passport so stolen out and thereafter a visa note would be prepared for obtaining visa from the USA Embassy and Sudhir Sharma would arrange for aspirants interested in going to USA and provide their photographs for the said purpose. As in the normal course, it was difficult to get visa, it was decided that a regular :5: visa would be obtained from the Embassy of Panama, Chile and Venezuela and thereafter a transit visa would be obtained from USA Embassy for proceeding to Latin American countries as one has to proceed via USA. The money so made would be shared by Sudhir Sharma, Gujinder Singh and Anand Singh Negi. Thereafter, Anand Singh Negi was sidelined by Sudhir Sharma and Gujinder Singh as he was of not much use in the entire process.
It is further alleged that for arranging air tickets etc. for impersonators and himself, one credit account was opened by Sudhir Sharma with M/s Indica Travels and Tours Pvt. Ltd. New Delhi in the year 1995, initially in his own name and subsequently in the name of his firm M/s Indian Clothing Inc. From this Company he used to get desired air tickets on credit. For the purpose of getting fine photographs for passport and visa, accused Sudhir Sharma used to go to M/s Jag Lila Photo Studio Connaught Place, New Delhi and there he used to refer aspirants for getting their photographs taken after having coat, spectacles and tie etc. and Sudhir Sharma used to collect photographs from the Studio himself. Accused Sudhir Sharma selected :6: one Satyam Guest House, Karol Bagh, New Delhi and there he used to meet the aspirants from Punjab and after arranging the passport, visa etc., he used to take the aspirants by air to Mumbai and used to stay in Hotel Lord's Mumbai. The foreign currency on Basic Travel Quota (BTQ) used to be taken from M/s Thomas Cook, Mumbai and he also used to accompany aspirants to Sahar International Airport to see off them after their immigration clearance etc. It is further alleged that one Sh.D.M.Natraj, Senior Engineer, HMT Watch Directorate, Bangalore was required to go to Japan from 25.01.1992 to 03.02.1992. On his application, his official passport No.O271689 was prepared, but Sh.D.M.Natraj got renewed his private passport in between and he performed this journey on his private passport and his official passport remained delivered in PVII Section of MEA. In furtherance of their criminal conspiracy Late Gujinder Singh, stole the said official passport of Sh.D.M.Natraj from PVII Section of MEA and he made forgery by replacing the photograph of D.M. Natraj with the photograph of Amarjeet Singh, Accused No.2 given to him by Sudhir Sharma Accused No.1 and he :7: also forged visa notes and obtained visa from the Embassies of Panama and USA at New Delhi posing himself as an official of PVII Section MEA.
It is further alleged that one Sh.D.D.Ingty posted as Deputy Director, Directorate of Revenue Intelligence at New Delhi was proposed to attend a training programme at Hamburg, Germany w.e.f 31.07.1989 to 03.08.1989. On his application a official passport No.O247452 dated 20.07.1989 was prepared. Due to cancellation of his tour, his official passport so prepared remained undelivered and in furtherance of criminal conspiracy, Late Gujinder Singh stole the said official passport from PVII Section of MEA and made forgery by replacing photograph of D.D.Ingty with the photograph of Harjinder Singh (Approver) given to him by accused Sudhir Sharma. He also prepared forged visa notes and obtained visa from Embassies of Venezuela and USA at New Delhi, posing himself as an official of PV II Section of MEA.
It is further alleged that in furtherance of criminal conspiracy accused Sudhir Sharma purchased Air India ticket in the :8: name of D.M.Natraj and D.D.Ingty for New York and other destinations from M/s Indica Travels and Tours and that accused Sudhir Sharma took Harjinder Singh (Approver) and Amarjeet Singh to Mumbai on 04.02.1996 and stayed in Hotel Lord's. Adi Marzabanpath, Mumbai. He made entries in Hotel Register giving their false names as Raj Kumar and Hari Mohan R/o E181, A FF Colony New Delhi. He further took them to M/s Thomas Cook, Mumbai from where foreign currency of US$ 500 each was obtained by submitting forged official passport in the name of D.D.Ingty and D.M.Natraj having photograph of Harjinder Singh and Amarjeet Singh respectively. Accused Sudhir Sharma allegedly filled BTQ application forms in the name of D.D.Ingty and D.M. Natraj and got forged signatures appended on the same by Harjinder Singh and Amarjeet Singh. On 06.02.1996 accused Sudhir Sharma took Harjinder Singh and Amarjeet Singh to International Airport Mumbai and from there he sent them to USA on forged official passports in the name of D.D.Ingty and D.M.Natraj and for this purpose heavy amount was charged by him and Gujinder Singh. Accused Amarjeet Singh and Harjinder Singh were knowing that the :9: said passports No.O271689 and O247452 bearing their photographs were forged and still they proceeded to New York in violation of Section 12(1)(a)(d) read with Section 3 of the Indian Passport Act, 1967 in pursuance of above said criminal conspiracy.
It is also alleged that in this manner accused Sudhir Sharma in conspiracy with Gujinder Singh and Harjinder Singh had obtained forged official passport No.O247452 dated 20.07.1989 having visa for visit to Venezuela and USA and as such Harjinder Singh has violated Section 12(1)(a) & (d) r/w Section 3 of Indian Passport Act, 1967.
During the course of proceedings CBI filed another charge sheet against accused Gurdev Singh. Accused Gurdev Singh was arrested by CBI on 28.11.08 in pursuance of a look out circular issued against him by Immigration Authorities at IGI Airport while he had come to India from USA on the intervening night dated 27/28.11.08 by flight number 02767 on the basis of passport no. G9975637 dated 15.10.08 issued from Embassy of India, Washington D.C., U.S.A. The investigations revealed that official passport bearing number 031593 :10: on which accused Gurdev Singh had traveled from India to USA on 19.12.94, was prepared in PVII Section of Ministry of External Affairs, New Delhi in name of one Suresh Kumar S/o Sh. T. K. Menon, the then, Senior Research Assistant, Cabinet Secretariat, Delhi, who was required to go to Colombo for official duty in December 1994. When Sh.Suresh Kumar approached PVII Section of Ministry of External Affairs it was intimated to him that official passport prepared in his name is misplaced/lost and he was asked to submit another application. Accordingly passport No. 0308906 dated 23.01.95 was prepared in the name of Sh. Suresh Kumar which was received by him on 17.02.95. On his earlier application for which his official passport no. 0315933 was prepared it was mentioned ''Lost Circular'' issued.
Investigations also revealed that accused Gurdev Singh was knowing that accused Sudhir Sharma in connivance with some one can arrange official passport and can send the aspiring persons abroad after forging the official passport. He came into contact with accused Sudhir Sharma through a distant relation. Accordingly, in the year 1994 at Delhi, Mumbai and other places accused Gurdev :11: Singh, Gurjinder Singh (deceased), Sudhir Sharma entered into criminal conspiracy with an object to send accused Gurdev Singh to USA on the basis of forged official documents/ passport/ travel documents. In pursuance of the said conspiracy accused Sudhir Sharma asked accused Gurdev Singh to get himself photographed from M/s Jaglila Studio for the purpose of passport and visa. Then Gurjinder Singh unauthorizedly and dishonestly removed official passport number 0315933 which was prepared in the name of Sh. Suresh Kumar and the photographs of Sh. Suresh Kumar was removed by Gurjinder Singh and at its place photograph of accused Gurdev Singh was substituted on the passport. Thereafter visa was obtained from embassy of Panama on the basis of such official documents / forged passport. Accused Sudhir Sharma arranged the stay of accused Gurdev Singh at Satyam Guest House, Karol Bagh, New Delhi and thereafter took him from Delhi to Mumbai. Accused Sudhir Sharma purchased Air ticket no. 0984413086779 for sector BOM/NYC/BOM from M/s India Travel and Tours Pvt. Ltd., New Delhi. After reaching Mumbai both of them checked in hotel Lord's, Adi Murzban Path, Mumbai, in room no. 204 :12: & 205 under the assumed name of S. K. Sharma and Suresh Kumar respectively. The entries in the visitors register were made in the hand writing of accused Sh. Sudhir Sharma. On 08.12.94, accused Sudhir Sharma took Gurdev Singh to the office of M/s Thomas Cook Mumbai from where foreign currency was obtained after filling BTQ application. On 09.12.94, at noon, accused Sudhir Sharma along with accused Gurdev left the hotel and reached Sahara International Airport, Mumbai from where accused Gurdev Singh left Mumbai on the basis of forged passport and other travel documents by Air India flight number AI101 to USA by impersonating himself as Suresh Kumar.
Charges:
After considering the material on record, accused Sudhir Sharma was charged for the offence punishable under Section 120B r/w Sections 381,419,420,467, 471, 468 IPC read with Section 12(1) (a) & (d) r/w Section 3 of Passport Act, 1967 r/w Section 109 IPC and substantive offence under Section 420, 467, 468, 471, 109 IPC and Section 12(2) r/w Section 3 of Passport Act, 1967.:13:
Vide order 30.01.2010, accused Gurdev Singh was charged for the offence punishable under Sections 120 B read with section 381, 419, 420, 467, 471, 468, IPC and under section 12 (1) (a) & (d) and 12 (2) read with section 3 of Passport Act 1967 and substantive offences U/s 419, 420, 471, 474 read with section 120 B, and 12 (1) (a) & (d) and Section 12 (1A) (b) of Passport Act 1967.
All the aforesaid charges were read over to both the accused Sudhir Sharma and Gurdev Singh respectively, to which they pleaded not guilty and claimed trial. In order to bring home the guilt of the accused persons CBI examined 32 witnesses.
Plea of the Accused:
Statement of accused were also recorded under Section 313 Cr.PC, wherein they claimed that they have been falsely implicated and pleaded innocence. Accused Sudhir Sharma took the plea that he was a travel agent and used to prepare the tickets of number of persons including persons holding official passports and used to complete other formalities for them. Whereas, accused Gurdev Singh contended that he has been falsely implicated in this case and that he had gone to USA on :14: his own passport in his name. The said original passport bearing departure and arrival stamps was also taken over by the CBI but the same has not been placed on record. He denied having met the accused Sudhir Sharma or having travelled on any forged passport. No evidence was led by the accused in their defence.
I have heard detailed arguments advanced by learned defence counsel as well as ld. SPP representing the CBI and have also carefully gone through the evidence on record.
Issue of Double Jeopardy:
At the outset, it may be mentioned that the accused Sudhir Sharma has raised the question of double jeopardy claiming that he was already charge sheeted by CBI in case RC 3(S)/98 & RC 4 (S)/98 and by filing the present charge sheet, he is being greatly prejudiced as his implication in the present case is in violation of statutory provisions and is unconstitutional.
On the other hand, it is contended by ld. SPP representing CBI that offence in case RC 3(S)/98 & RC 4 (S)/98 were committed in the year 1997, whereas the offence in the present case was committed in :15: the year 1994 and 1996. It was contended that as per Section 219 Cr.PC three offences of the same kind committed within the space of 12 months can only be clubbed together. Further, as per Section 218 Cr.PC for every distinct offence of which any person is accused, there shall be a separate charge and every such charge shall be tried separately. Ld. SPP for CBI also argued that the set of accused persons are different in all the case as also the incidents. Reliance was placed on the following judgments in support of the aforesaid arguments :
(a) Shamsudheen & Ors. vs. State of Kerala, 1989 Crl.LJ, 2068;
(b)K.L.Srivastava vs. The State of West Bengal & Ors., 1974 Crl.LJ 518 (V 80 C 181);
(c) State of Punjab & Anr. vs. Rajesh Syal, 2003 Crl.LJ. 60 &
(d) Nirmal Singh Kahlon vs. State of Punjab & Ors., 2009 Crl.LJ. 958.
I have considered the aforesaid case law in the light of facts and circumstances of the present case.
It cannot be disputed that the allegations against the accused Sudhir Sharma is that he in conspiracy with various accused persons used to send them abroad on the basis of forged Passports. However, in the light of the observations of Hon'ble Supreme Court in State of Punjab & Anr. vs. Rajesh Syal (Supra), wherein it has been :16: held that cases where different persons alleged to have been defrauded by accused, each offence is a distinct one and cannot be regarded as constituting a single series of facts/transaction, I find that the fact that he has been separately charge sheeted in this case, does not tantamount to prejudicially affecting the right of the accused Sudhir Sharma, as claimed. Moreover, considering the period during which the offences in the present case were allegedly committed, it is apparent that the same could not have been clubbed with the other cases already instituted against the accused. Hence, the plea of double jeopardy, as raised by the learned defence counsel representing accused Sudhir Sharma, ought to be rejected outrightly.
Prosecution Evidence :
As aforesaid, Prosecution examined 32 witnesses to prove its case against the accused.
PW1 Shri Harjinder Singh (Approver) deposed that his cousin sister Ms. Balinder Kaur, a US resident, advised him to contact Sudhir Sharma at Satyam Guest House, Karol Bagh, New Delhi for the purpose of VISA to visit USA. He contacted Sudhir Sharma over :17: telephone in August or September 1995 and Sudhir Sharma asked him to visit Satyam Guest House for a meeting and in the second week of September 1995, he visited Satyam Guest House and had a meeting with Sudhir Sharma, that Sudhir Sharma assured him that he will arrange visa for him to go to USA. He also deposed that Sudhir Sharma advised him to get the photographs from Jaglila Studio, Cannaught Place, New Delhi, that on the advice of Sudhir Sharma, he got himself photographed from the said studio, that entries were made by him about his visits in the register of Satyam Guest House. Accused Sudhir Sharma informed him that his passport and visa are ready. PW1 further deposed that he met Amarjeet Singh at Satyam Guest House and made fake entries in the hotel register as per the advice of Sudhir Sharma. On 04.02.1996 Sudhir Sharma took him and Amarjeet Singh to Bombay by Air and all the three stayed in hotel Lords, Bombay. Accused Sudhir Sharma made the entries in the hotel register in his own handwriting and Sudhir Sharma took him and Amarjeet Singh to Thomas Cook Bank for obtaining foreign currency. Accused Sudhir Sharma filled the forms known as Basic Travel Quota for him in the name of D.D. Ingty :18: and for Amarjeet Singh in the name of D.M. Natraj. He signed the said application form in the name of D.D. Ingty and Amarjeet Singh signed the said form in the name of D.M. Natraj and upon submission of these forms PW1 and Amarjeet Singh obtained foreign currency of 500 US$.
Sudhir Sharma showed him white colored passport issued in the name of D D. Ingty, but it was having his photograph. On the said passport, 2 visas, 1 for USA and other for Venezuela were mentioned. All the particulars in the said passport were incorrect and he raised this issue with Sudhir Sharma but he assured him that there will not be any problem in going to USA. This witness further deposed that Sudhir Sharma told him that white passport given to him is meant for Govt. officials visiting abroad. Sudhir Sharma received payment of 5000 US $ through one Gurjeet Singh on behalf of the sister of Harjinder Singh. On 06.02.1996, Sudhir Sharma along with Amarjeet Singh and Harjinder Singh reached Bombay Airport where he filled up the Embarkation Card and got the clearance for them. PW1 and Amarjeet Singh boarded the flight from Bombay to New York and Sudhir Sharma supplied the air tickets for going to New York and from New York to :19: Caracas. PW1 also deposed that he applied for duplicate passport at Indian Embassy having office at San Francisco and on the basis of said duplicate passport, he visited India in 2001. When he was going back to USA, he was detained at the Airport by IGI Airport Authority and handed over to CBI on 31.12.2001. This witness also deposed that he was granted pardon in this case on 11.02.2002.
Shri M.K.Puri appeared in the witness box as PW2. He deposed that during the period between 1996 to 2003, he was posted as Inspector in CBI and on 15.03.2001, he submitted complaint Ex.PW2/1 to SP, CBI on the basis an inquiry conducted by him. He further deposed that during enquiry, he found that Sudhir Sharma, in connivance with accused Gujinder Singh, peon working in the PVII section of Ministry of External Affairs, Patiala House, New Delhi, forged 9 official passports. That enquiry revealed that Sudhir Sharma used to contact people interested in visiting USA in Satyam guest house, Karol Bagh, New Delhi and that Sudhir Sharma used to take the aspirants to Jaglila Photo Studio for obtaining fine photographs in official look. Sudhir Sharma used to pass on the said photographs to Gujinder Singh for the :20: purpose of replacing the said photographs with the photographs pasted on the unused/ undelivered official passports of Govt. Officials available in PVII Section, MEA, New Delhi. After forging the official passports, accused Gujinder Singh used to obtain visa from the Embassy of USA and other countries like Panama, Venezuela etc. On receipt of forged official passport, Sudhir Sharma used to accompany the aspirants to Mumbai and used to stay with them in Hotel Lords, Mumbai. PW2 also deposed that Sudhir Sharma used to obtain foreign currency on the said forged official passport to facilitate the departure of the aspirants from Mumbai Airport on the basis of said forged official passports. Sudhir Sharma used to purchase the Air tickets in the names mentioned in the forged official passports. This witness also deposed that he collected the visa register Ex.PW2/11 relating to the embassy of Panama and on his complaint, a regular case RC 5 (S)/2001 was registered and the records relating to official passport file of Suresh Kumar was seized by him from the O/o Ministry of External Affairs, Patiala House, New Delhi and the same was handed over by him to the IO of the case RC 5 (S)/2001 vide receipts Ex.PW2/4, EX.PW2/5 and EX.PW 2/6. This witness further :21: deposed that Gurdev Singh stayed in Satyam Guest House on 01.09.1994 and left the guest house on 02.09.1994. There are entries at page no. 33 at Sl. No. 207 & 208 of the register of Hotel Lords in the name of Sudhir Sharma and Suresh Kumar. This witness was however not been cross examined by accused Sudhir Sharma.
PW3 Shri Jayesh Narender Joshi, has deposed that he is working with M/s Thomas Cook India Ltd, Bombay Since 1987 and that before issuing foreign exchange, M/s Thomas Cook check the passport, Air Tickets etc. and also check the photograph over the passport and the person making the signature over BTQ application and if the photograph is tallied, then M/s Thomas Cook provides the foreign currency. He further deposed that vide letter Ex. PW3/A, the BTQ application forms in the name of D .M. Natraj , Suresh Kumar, Manjeet Singh and D.D.Ingty were forwarded to SP, CBI for investigation. The BTQ application form in the name of Donald Dilip Ingty is Ex.PW1/6, the BTQ application form in the name of D .M. Natraj is Ex.PW1/7 and the BTQ application for in the name of Suresh Kumar is Ex.PW3/X. Shri Anand Singh Negi was examined as PW4 who :22: deposed that he was working with M/s Thomas Cook India Ltd, New Delhi and he knows Sudhir Sharma since he used to visit his office in connection with Air tickets. He used to regularly visit PVII Section, MEA, New Delhi where he came in contact with Gujinder Singh who was working as peon in the said office, and that during a meeting Sudhir Sharma told him about managing the passport and visas for persons intend to visit abroad. Gujinder Singh told him that he can arrange the passport and visa to help Sudhir Sharma. This witness further deposed that a meeting was held between Gujinder Singh and Sudhir Sharma in a room possessed by Sudhir Sharma in the Eastern Court, Connaught Place. However, the facts disclosed by PW4 Shri Anand Singh Negi have not been challenged in his cross examination.
PW 5 Shri D. Natraj, has deposed that he was working as engineer with HMT, Banglore upto 2001 and during January 1992. He was Scheduled to Visit Japan for official purposes and as such vide his application Ex.PW5/A, he applied for official passport but since the issue of official passport was getting delayed therefore, he traveled on his regular Blue Colored passport. He further deposed that he did not :23: collect the official passport prepared on his application Ex.PW5/A and that the BTQ application Ex.PW1/7 does not bear his signatures and he did not receive 500 US $ from M/s Thomas Cook. He also deposed that he did not purchase any Air ticket from M/s Indica Travels and Tours Pvt. Ltd.
PW6 Shri Jehta Nand Khusalani @ Jetha Lal, has deposed that he was working as Manager and Accountant in Hotel Lords from 1980 to 2003 and that he knows Sudhir Sharma because he used to stay in the said hotel and used to make entries in the register. He further deposed that Sudhir Sharma used to send people USA, that on 04.02.1996 and 05.02.1996 Sudhir Sharma made an entry in the hotel register in the name of S.Sharma with permanent address as D181A, FF colony, New Delhi. Sudhir Sharma also made the entries in the said register in the name of Raj Kumar and Hari Mohan with the address as D181A, FF Colony, New Delhi. The bill for the said stay was paid by Sudhir Sharma and that Sudhir Sharma visited Hotel Lords along with another person named Suresh Kumar on 08.12.1994 and entries were made at Page No. 33 and 34 at Sl No. 207 and 208 in the register :24: Ex.PW6/D. Sudhir Sharma along with Suresh Kumar checked out the hotel on 09.12.1994 at about 12 Noon.
PW 7 Shri Chander Sharma, has deposed that he is working with M/s Indica Travels and Tours Pvt. Ltd. and Sudhir Sharma was their regular client for purchasing the domestic/ international Air Tickets. He also deposed that Sudhir Sharma purchased the air tickets in the name of D.M. Natraj , D D Ingty and S.Kumar from M/s Indica Travels and Tours.
PW8 is Shri D D Ingty, who deposed that in the year 1989, he was nominated to visit Hamburg, Germany but his name was not finally approved by the Govt. of India, though he applied for official passport but did not collect the same since his journey was not approved. He also deposed that the BTQ application Ex.PW1/6 was not filled up by him and it does not bears his signatures and that he did not purchase the air tickets EX.PW7/G1 to G2.
PW9 is Shri Sanjeev Malhotra who deposed that M/s Indian Clothing INC. was registered on 29.12.1995 with AEPC under the proprietorship of Sudhir Sharma. Whereas, PW10 Ms. Darshana :25: Jagota, has deposed that official passport No. O271689 dated 20.01.1992 was prepared in the name of Shri D Natraj for his official visit to Japan and Hong kong. However, PW10 has not been cross examined by the accused persons.
PW11 Shri Rakesh Malhotra, has deposed that during the period between 19921997, he was working as manager in Satyam Guest House, Karol Bagh New Delhi and Sudhir Sharma used to visit the said hotel quite often. Sudhir Sharma used to visit the said hotel to meet the customers from Punjab staying in the said hotel and that the customers who used to come to meet Sudhir Sharma used to tell that they intend to go to USA.
PW12 Ms. Prem Lata, has deposed that Suresh Kumar vide his application Ex.PW12/1 applied for Official Passport for his visit to Sri Lanka and that on the application of Suresh Kumar, Official Passport No. O315933 was prepared, but it was neither delivered nor received by Suresh Kumar. This witness further deposed that on the application EX.PW12/8 of Donald Dilip Ingty, official passport No. O247452 dated 20.07.1989 was prepared but it was not received by the applicant nor :26: delivered to him and the said passport was prepared for visit to West Germany. Gujinder Singh was working in PVII Section and he used to visit various Embassies for obtaining Visas on official passports. Gujinder Singh occasionally used to assist the staff in preparation of the Passports and the prepared and unprepared passport used to be kept in one almirah in the evening at the time of closing of office. He also deposed that after closing of office, the keys of PVII Section used to be deposited in the Central Registry, where Gujinder singh also remained posted. Gujinder Singh was a frequent visitor of PVII Section and he even used to come to office on Saturday and Sunday, that when PW12 was posted in R K Puram Office, she came to know about the involvement of Gujinder Singh in the theft of Official Passports.
PW14 Shri Makhan Singh, deposed that his son Daljit Singh has been residing in USA since long and his second son Amarjeet Singh has also gone to USA and that Satyam Guest House bears his name and address in his own handwriting.
Shri Kanwar Singh appeared in witness box as PW15 and deposed that in his presence, specimen writings of Gurdev Singh :27: EX.PW15/A (colly.) were obtained and vide pointing out Memo Ex.PW15/B Gurdev Singh pointed out Satyam Guest House where he used to stay and meet Sudhir Sharma. He further deposed that Gurdev Singh vide disclosure memo Ex.PW15/C disclosed that Sudhir Sharma charged Rs.4 Lacks for sending him outside and vide identification Memo Ex.PW15/D Gurdev Singh identified Sudhir Sharma as the same person who had sent him abroad.
PW 16 Shri Skand Ranjan Tayal, has proved that in the year 2002 he was posted as Chief Passport Officer and Joint Secretary (CPV) in MEA, New Delhi and he issued sanction order Ex.PW16/A. He also deposed that Gujinder Singh who was earlier working as casual labour and later on as Peon in PVII Section, was involved in the theft of undelivered official passports.
PW17 is Shri Suresh Kumar who deposed that from 1983 to 1995 he was posted as Sr. Research Assistant in Cabinet Secretariat and in the last quarter of 1994, he applied for official passport for his official journey to Colombo vide his application ExPW12/1. He never received official passport No. O315933 dtd 07.11.1994 and that BTQ :28: application EX.PW3/X does not bear his signatures or writings. He never purchased any air tickets for going to Bombay, New York and Panama City from M/s Indica Travels & Tours Pvt Ltd., and that he does not know any person with the name of Gujinder Singh and Sudhir Sharma. He also deposed that he never met any such person in his life time. However, the facts disclosed by this witness have not been challenged in his cross examination.
PW18 Shri S L Mukhi, Principal Scientific Officer has proved that the BTQ application forms in the name of Suresh Kumar, D D Ingty and D.M. Natraj and visitor's register of Hotel Lords bears the writings of Sudhir Sharma.
PW 25 Dr. S Ahmed, AGEQD has proved that the visitor's register of Satyam Guest House bears the writings of Gurdev Singh.
PW19 Shri Deepak Rai Chopra, has deposed that he is the owner of Jaglila Studio at Connaught Place, New Delhi and that Sudhir Sharma used to visit his studio for the purpose of getting himself photographed as well as for the photography of the customers. He further deposed that Sudhir Sharma had issued instructions that :29: photographs should be taken while wearing coat, tie etc. and that fine photographs should be prepared and these photographs were got prepared for the purpose of passport, visa etc. Sometime Sudhir Sharma used to collect the photographs and sometimes customers used to collect the photographs. Sometimes Sudhir Sharma used to make the payment for photographs and sometimes customers used to make the payments.
PW 20 Shri V K Sharma, has deposed regarding the specimen writings Ex.PW18/B (colly) of Sudhir Sharma which were obtained in his presence. However, this witness was not cross examined by the accused persons.
PW21 Shri Manoj Jain, has deposed that Harjinder Singh vide his disclosure memo EX.PW2/7 disclosed that he went to USA from Bombay on white color passport, which was in the name of Donald Dilip Ingty but was having his photographs. Harjinder Singh vide his disclosure memo EX.PW2/7 further disclosed that the said passport was provided by Sudhir Sharma and that he paid 20000US$ to Sudhir Sharma for the purpose of sending him to USA. Harjinder Singh vide pointing out memo EX.PW2/8 pointed out Jaglila Studio where he got :30: himself photographed on the instructions of Sudhir Sharma. Harjinder Singh vide pointing out memo EX.PW21/A pointed out Satyam Guest House where he used to stay and meet Sudhir Sharma.
PW22 Shri Devi Das, deposed that on the application EX.PW5/A of Shri D .M. Natraj, the Official Passport No. O271689 was prepared but it was neither received by him nor delivered to him.
PW 23 Shri Suraya Kant Duttatrey Ghatge, depoed that on 06.02.1996 one passenger in the name of Donald Dilip Ingty left the air port by Air India Flight No. 101 for New York.
PW 24 Ms. Kulwinder Kaur, deposed that she got married on 18.11.1994 and that Gurdev Singh had gone to America after about 34 months of her marriage.
PW 26 Shri Dharam Pal, has deposed that in pursuance of Lock Out Circular got opened by CBI, on 28.11.2008, Gurdev Singh was apprehended at IGI Airport, New Delhi and was handed over to Inspector, Seema Pahuja of CBI. and passport no. G9975637 and permanent resident card Bearing no. A#073418453 were recovered from his possession.
:31:
PW 27 Smt. Deepti Menon, has deposed that 500 US $ were issued to Shri Suresh Kumar holder of official passport No. O315933 after checking the Air Tickets and passport.
PW28 Insp. S.S.Yadav, has deposed regarding registration of FIR Ex.PW28/A on the basis of complaint submitted by Shri M K Puri. He deposed that initially investigation of this case was assigned to Insp.Rajesh Dwivedi, and later on it was transferred to him and that on completion of investigation, charge sheet Ex.PW28/B was filed by him. Sudhir Sharma was working with M/s T S Duggal & Co. and during the course of duties, he used to visit the O/o M/s Thomas Cook where he developed friendship with Anand Singh Negi, an employee of Thomas Cook. Anand Singh Negi used to visit the O/o MEA where he developed friendship with Gujinder Singh, Peon. Sudhir Sharma wanted to make quick money and expressed his desire before Anand Singh Negi, who told him that passport can be arranged from the O/o MEA. A meeting was arranged wherein it was decided that Sudhir Sharma would arrange the prospective aspirants interested to visit abroad and Gujinder Singh would arrange passport. It was also decided in the meeting that :32: Gujinder Singh would replace the original photographs pasted on the undelivered official passports with the photographs of aspirants provided by Sudhir Sharma. The aspirants, mostly from Punjab, used to come to Satyam Guest House for a meeting with Sudhir Sharma and on the directions of Sudhir Sharma, they used to get themselves photographs while wearing tie, coat, spectacles etc. from Jaglila Studio. Gujinder Singh used to arrange the Visa and thereafter used to handover the passport and Visa to Sudhir Sharma. Sudhir Sharma used to purchase the air tickets from M/s Indica Tours & Travels Pvt. Ltd and that after arranging air tickets, passports and visa, he used to take aspirants to Mumbai where he used to stay in Hotel Lords. The relevant entries are available in the register of Hotel Lord's, that Sudhir Sharma used to accompany the aspirants to M/s Thomas Cook and used to fill up the BTQ application forms for obtaining 500 US Dollars. Sudhir Sharma used to visit the airport along with the aspirants and after sending them off, he used to come back to Delhi. Amarjeet Singh was sent to USA by Sudhir Sharma on the passport of DM. Harjinder Singh was sent by Sudhir Sharma to USA on the passport of D D Ingty.
:33:
PW30 Shri Ajay Kumar, has proved regarding issuance of sanction for prosecution EX.PW30/A by Shri A Manickam, the then Joint Secretary, CPV, MEA, Patiala House, New Delhi.
PW 32 Insp.R.D. Sharma, has deposed that Gurdev Singh was arrested by him vide arrest memo Ex.PW32/A. It was disclosed by Gurdev Singh that he traveled to USA on 09.12.1994 on the basis of Forged Passport in the name of Suresh Kumar provided by Sudhir Sharma. He also desposed that the supplementary charge sheet Ex.PW 32/B was filed by him. He also deposed regarding the factum that Gurdev stayed in Satyam Guest House on number of occasions and entries with regard to his stay are available in the register of Satyam guest House on page No. 15, 18, 27, 28 & 29. Gurdev Singh alongwith Sudhir Sharma stayed in Hotel Lord's, Mumbai and the relevant entries are available in the visitor's register of Hotel Lord's Mumbai at page no. 34 at Sl No. 207 and 208.
Arguments - Analysis - Findings:
I have heard the arguments of the Prosecution as well as the arguments of the defence in the light of the evidence on record. :34: Learned defence counsel vehemently argued that no evidence has been led by the Prosecution to prove any criminal conspiracy of accused Sudhir Sharma with any other person.
Per contra, in order to establish the existence of criminal conspiracy between accused Sudhir Sharma, Anand Singh Negi and Gurjinder Singh, CBI relied upon the statement of Anand Singh Negi who was brought into the witness box as PW4.
He deposed that he was working with M/s Thomas Cook India Ltd, New Delhi and he knows Sudhir Sharma since he used to visit his office in connection with his work. He also deposed that he used to regularly visit PVII Section, Ministry of External Affairs at Patiala House, New Delhi, where also one Gujinder Singh was working as peon in the said office came into his contact because of his regular visits. PW4 further deposed that after 1990, accused Sudhir Sharma also met him in PVII Section of MEA, Patiala House and in his meetings he used to talk with him regarding managing the passport and Visa for the persons to which he was intending to send abroad. He further deposed that Peon Gujinder Singh also told him that he could :35: arrange the passports and Visa to help Sudhir Sharma. Thereafter, he organized the meetings of Gujinder Singh and Sudhir Sharma in a room possessed by Sudhir Sharma in the Eastern Court in a guest House at Connaught Place and after arranging the said meetings, he went back to his office. Thereafter, PW4 Anand Singh Negi turned hostile and despite lengthy crossexamination failed to support the case of the Prosecution.
However, it is well settled law that the deposition of the hostile prosecution witness cannot be treated as effaced or washed off the record altogether but the same can be accepted to the extent his version is found to be dependable on a careful scrutiny thereof. I am supported with the view taken by the Hon'ble Supreme Court in the following judgments relied upon by the Prosecution:
(i) Bhagwan Singh Vs. State of Haryana, AIR 1976 SC
202);
(ii) Ravinder Kumar Dey Vs. State of Orrisa, AIR 1977, SC 170, (iii) Sayed Akbar Vs. State of Karnataka, AIR 1979, SC 1848 & (iv) Radha Mohan Singh @ Lal Saheb and others Vs. State of UP, 2006 Crl.L.J. 1121 SC ) .:36:
PW12 Ms.Prem Lata, who during the period 198286 was posted as UDC with PVII Section, Ministry of External Affairs, Patiala House, New Delhi besides exhibiting the passport applications of Suresh Kumar and Donald Dilip Ingty also deposed that Gujinder Singh was working in Central Registry and was a frequent visitor of PVII Section. She also deposed that he even used to come to office on Saturdays and Sundays.
It was contended by learned SPP that from the statement of witnesses it has been established that Gujinder Singh was working PV II Section, Ministry of External Affairs, Patiala House, New Delhi and that PW4 Anand Singh Negi arranged meetings between him and accused Sudhir Sharma as accused Sudhir Sharma used to talk to him regarding managing the passports and visas for persons which he was intending to send abroad.
In order to establish that an account was opened by accused Sudhir Sharma with M/s Indica Travels initially in his own name and subsequently in the name of Indian Clothing Inc. and from this Company he used to get desired air tickets on credit, the Prosecution :37: relied upon the statement of PW9 Sh.Sanjeev Malhotra, who at the relevant time was working as Deputy Secretary in Apparel Export Promotion Council situated at Bhikaji Kama Place, New Delhi. He exhibited the documents Ex.PW9/B, as per which the firm Indian Clothing Inc. was registered on 29.12.1995 with the Apparel Export Promotion Council under the Proprietorship of accused Sudhir K.Sharma. The statement of PW9 is unrebutted.
PW7 Mr.Chander Sharma who was employed with Indica Travels and Tours Pvt. Ltd. identified the accused Sudhir Sharma and stated that accused Sudhir Sharma used to regularly purchase domestic/international air tickets from them. He also deposed that as accused Sudhir Sharma was regular in making payment, they extended him the credit facility for purchase of tickets by him. The computerized ledger was separately maintained in his name which bears account No.X005 in their office to keep the record of the credit facility provided to him. However, after 34 years the said account was closed as the accused Sudhir Sharma opened a new account in their office bearing No.X014 in the name of his company viz., Indian Clothing Inc. The :38: computerized ledger bearing account Nos.X005 and X141 are Ex.PW7/A & B respectively. The witness also produced the original DSR Ex.PW7/C and the copy of air tickets issued in the name of D.M.Natraj for Sector New York - Miami - Panama City and office copy air ticket No.098 4415129711 issued in the name of D.M.Natraj for the Sector Delhi - Bombay - New York - Bombay - Delhi. The office copy of air ticket is Ex.PW7/D1 & Ex.PW7/D2. He also deposed that the amount for purchase of above mentioned air tickets was made by accused Sudhir Sharma. He also exhibited the invoices of the aforesaid air tickets purchased by accused Sudhir Sharma as Ex.PW7/E and credit note as Ex.PW7/F. The witness also exhibited the office copy of the tickets issued in the name of D.D.Ingty Ex.PW7/G1 and Ex.PW7/G2 and deposed that these tickets were also purchased by accused Sudhir Sharma and the joint invoice of both the above mentioned tickets is Ex.PW7/H. The witness further produced the entry regarding the sale of one air ticket issued in the name of S.Kumar for the Sector New York - Pitsburg in the DSR register Ex.PW7/C. He further deposed that the office copy of the said air :39: ticket could not be traced in their record.
From the statement of the aforesaid witnesses, it has thus been established that accused Sudhir Sharma made the payment of air tickets issued in the name of D.D.Ingity and D.M. Natraj in his own name and that a credit account was being maintained in the office of M/s Indica Travels earlier in the name of accused Sudhir Sharma and thereafter in the name of his proprietorship concern Indian Clothing Inc. At this juncture, it may again be relevant to revert to the deposition of PW12 Ms.Prem Lata, who deposed that the official passport No.O308906 dated 20.01.1995 was issued to the applicant Suresh Kumar on his application exhibited as Ex.PW12/5 and the same was received by the applicant vide his application Ex.PW12/6. She further deposed that on the application Ex.PW12/8, an official passport No.O247452 dated 20.07.1989 was prepared in the name of Donald Dilip Ingty but there is no endorsement of receipt of the receipt of the recent passport by the applicant in the said file. Meaning thereby the said passport was neither delivered to the applicant nor received by :40: him.
Besides the aforesaid witnesses, the Prosecution has also examined Harjinder Singh as PW1. He deposed that he contacted accused Sudhir Sharma on telephone in August or September, 1995 as he wanted to go to USA. He further deposed that he met accused Sudhir Sharma in the month of September, 1995 in Satyam Guest House and the accused assured him that he will get issued a visa for him for going to USA. After about four weeks he again met accused Sudhir Sharma at Satyam Guest house who advised him to get his photographs taken in Jaglila Studio, Connaught Place, New Delhi. He went there as suggested by accused Sudhir Sharma and got himself photographed from the said studio.
At this juncture, it is relevant, in my opinion, to revert to the deposition of PW19 Sh.Deepak Raj Chopra, the owner of Jaglila Studio at Connaught Place, New Delhi, who also deposed before the court that the accused Sudhir Sharma used to come to his studio and used to get his own photographs as well as photographs of the customers taken at his studio. He further deposed that there were :41: instructions from accused Sudhir Sharma that the photographs should be taken while wearing coat, tie and caps etc. and fine photographs should be prepared. PW19 also deposed that the said photographs were got prepared by him for the purpose of passport, visa, marriages etc. and that sometimes accused Sudhir Sharma used to make the payments for photographs and sometimes customers used to make the payments. The witness correctly identified accused Sudhir Sharma present in the court.
Further perusal of the deposition of PW1 Harjinder Singh would reveal that he got himself photographed at Jaglila Studio. He was informed after about few weeks by the accused Sudhir Sharma that his passport and visa are ready. He came back on 03.02.1996 and stayed at Satyam Guest House, where he made entry in the hotel register at serial No.538 which is fake in as much as his name is correct but the address is fake. The said entry is Ex.PW1/1. He further deposed that the entries appearing at Srl. No. 580 is fake in the sense that his name is correct but address is fake. The same are exhibited as Ex.PW1/1 and Ex.PW1/2. Also, the entries appearing at Srl. Nos, 775, 799 & 856 are :42: fake in the sense that his name and address are fake. The same are exhibited as Ex.PW1/3, Ex.PW1/4 & Ex.PW1/5 respectively. He further deposed that all the said entries except Ex.PW1/5 were made by him as instructed by accused Sudhir Sharma.
He further deposed that on 04.02.1996 he and Amarjeet Singh were taken by accused Sudhir Sharma to Bombay by air and they stayed at Hotel Lords, Bombay and accused Sudhir Sharma made entries in the hotel register.
As aforesaid, the case of the Prosecution is that accused Harjinder Singh (since made approver and deposed as PW1) stayed at Hotel Lords, Mumbai and made entries in false name and went to USA on the forged official passport in the name of D.D.Ingty on 06.02.1996. It is further alleged that accused Sudhir Sharma took them to M/s Thomas Cook, Mumbai from where foreign currency of USD 500 each was obtained by submitting forged official passport in the name of D.D.Ingty and D.M.Natraj having photographs of Harjinder Singh and Amarjeet Singh respectively. Accused Sudhir Sharma allegedly filled BTQ application forms in the name of D.D.Ingty and D.M.Natraj and :43: got forged signatures appended on the same by Harinder Singh and Amarjeet Singh. On 06.02.1996, accused Sudhir Sharma took Harjinder Singh and Amarjeet to International Airport Mumbai, from where he sent them to USA on forged official passports in the name of D.D.Ingty and D.M.Natraj respectively.
The entries in the hotel register of Hotel Lords have been proved by PW6 Sh.Jethanand, who at the relevant time was working as Manager cum Accountant at Hotel Lords, Bombay. After seeing the records of hotel Lords i.e. guest entry at Srl. No.1 and 2 for the dates 04.02.1996 and 05.02.1996, the witness deposed that at Srl. No.1 accused Sudhir Sharma made the entries by writing his name 'S.Sharma' and appended his signatures in the last column at point 'A'. He also made entries for the visitors naming them as Raj Kumar and Hari Mohan and for both of them he made his own signatures. The said entries at Srl. No.1 & 2 are Ex.PW6/A. He also proved the bills for the said rooms allotted to the above named persons.
From the deposition of PW18 Sh.S.L.Mukhi, Principal Scientific Officer, CFSL, New Delhi, it has been proved on record that :44: the visitors register of hotel Lords bears the writing of accused Sudhir Sharma which corroborated the deposition of Harjinder Singh that the accused Sudhir Sharma has filled the BTQ (Basic Travel Quota) form in the name of D.D.Ingty and D.M.Natraj and got the forged signatures appended on them by Harjinder Singh and Amarjeet Singh.
Reliance has been placed on on the deposition of PW18 Sh.S.L.Mukhi, who proved the BTQ application forms in the name of D.D.Ingty and D.M.Natraj bear the writing of accused Sudhir Sharma. His report is Ex.PW18/D. Sh.D.Natraj and Sh.D.D.Ingty were brought into the witness box by the CBI as PW5 & PW6 respectively. PW5 Sh.D.Nataraj deposed that he was scheduled to visit Japan for official purpose in January, 1992 and he applied for new regular blue passport during December, 1991 as the earlier one had expired. In the meantime, he also applied for official passport for the purpose of official visit to Tokyo, Japan vide his application dated 10.01.1992. However, since the issuance of official passport was getting delayed, he travelled on the regular blue passport No.K603830 on his application :45: Ex.PW5/A. He also deposed that BTQ Ex.PW1/7 does not bear his signatures and that he does not received USD 500 from M/s Thomas Cook India Ltd. Bombay and did not purchased any air ticket from Indica Travel and Tours Pvt. Ltd.
Similary, PW8 Mr.D.D.Ingty, deposed that in the year 1989 he was Deputy Director, Delhi Zonal Unit, DRI and was nominated to go to Hamburg, Germany but he did not go there because his name was not finally approved by Government of India, though he had applied for the same. He further deposed regarding received foreign exchange from Thomas Cook India Ltd. Bombay vide Ex.PW1/6 as BTQ and stated that Ex.PW1/6 was not filled by him and does not bear his signatures and that he did not purchase air tickets Ex.PW7/G1 & Ex.PW7/G2.
From the testimony of the aforesaid witnesses, I find that the statement of PW1 Harjinder Singh stands duly corroborated. Moreover, PW23 Sh.Surya Kant Duttatray Ghatge, who was working a Assistant Commission of Police (ACIO) at Crime Branch (Preventive), Shivaji Market, Mumbai produced computer print out of flight manifest :46: Ex.PW23/B, as per which one passenger in the name of Donand Dilip Ingty left the Airport on 06.02.1996 by Air India Flight No.101 for New York.
It is also pertinent to note that in his statement recorded under Section 313 Cr.PC, accused Sudhir Sharma in response to question Nos.12 to 18 admitted that he made entries in the register of Hotel Lords, Bombay in his own handwriting and that he took PW1 Harjinder Singh and Amarjeet Singh to Thomas Cook Bank for obtaining foreign currency and that he filled the Basic Travel Quota (BTQ) forms in the name of D.D.Ingty and for Amarjeet in the name of D.M.Natraj and on submissions of these forms, PW1 Harjinder Singh and Amarjeet Singh obtained foreign currency of 500 USD. He also admitted that he showed PW1 Harjinder Singh white coloured passport issued in the name of D.D.Ingty but it was having his photograph and on the said passport, 2 visas, one for USA and other for Venezuela were mentioned.
It is also noteworthy, in respect of Question No.22, accused Sudhir Sharma admitted that PW1 Harjinder Singh and Amarjeet :47: Singh boarded the flight from Bombay to New York and that he supplied the air tickets for going to New York and from New York to Caracas. Whereas, in respect of Question Nos.32,33 & 34 he also admitted that he used to accompany the aspirants to Mumbai and used to stay with them in Hotel Lords, Mumbai and that he used to obtain foreign currency on the said forged official passport to facilitate the departure of aspirants from Mumbai Airport on the basis of said forged official passport and further used to purchase the Air tickets in the name mentioned in the forged official passport. He also admitted in respect of Question No.39 that he made an entry in his name at Srl. No. 207 in the register of Hotel Lords and another entry at Srl.No.208 in the name of Suresh Kumar, though he do not recollect the name of Suresh Kumar. He further admitted having made entries on 04.02.1996 and 05.02.1996 in the register of Hotel Lords in the name of S.Sharma with address as D181A, FF Colony, New Delhi and that he purchased air tickets in the names of D.M.Natraj, D.D.Ingty and S.Kumar from M/s Indica Travels and Tours (in response to Question Nos.56 & 62).
From the aforesaid evidence led on record, coupled with :48: the statement of accused Sudhir Sharma recorded under Section 313 Cr.PC, I find that the Prosecution has been able to establish that accused Sudhir Sharma entered into a criminal conspiracy with Gujinder Singh and Anand Singh Negi along with Approver Harjinder Singh and Amarjeet Singh (since deceased) and the object of the said conspiracy was to send accused Amarjit Singh and Harjinder Singh to USA on the basis of undelivered official passports and in pursuance thereof accused Sudhir Sharma forged the BTQ application forms and also made false entries in the hotel register of hotel Lords, Bombay and also used the forged official passports of D.M.Natraj and D.D.Ingty for the purpose of cheating the Immigration Authority, Government of India, International Airport, Bombay and other Authorities and thereby committed offence punishable under Section 120B r/w Sections 420/467/471/468 IPC.
Besides the said offences, it also stands proved on the basis of material on record that accused Sudhir Sharma abetted Amarjeet Singh and Harjinder Singh (Approver) to travel on the basis of forged passports and thus committed offence punishable under Section 12(2) :49: of Passport Act.
Insofar as accused Gurdev Singh is concerned, he as aforesaid, was charged for the offences punishable under Section 120B r/w Sections 381/419/420 and under section 12 (1) (a) & (d) and 12 (2) read with section 3 of Passport Act 1967 and substantive offences U/s 419/420/471/474 read with section 120 B, and 12 (1) (a) & (d) and Section 12 (1A) (b) of Passport Act 1967.
It has been contended by learned defence counsel that there is no evidence qua accused Gurdev Singh and that the prosecution has failed to prove its case against the said accused.
During the course of arguments, it was also brought to the notice of the court that PW1 Harjinder Singh, PW4 Anand Singh Negi and PW5 D.Nataraj were not produced by the CBI into the witness box for being crossexamined by accused Gurdev Singh after the charges were framed against him. However, it was submitted by learned Prosecutor for CBI that the said witness were not put to accused Gurdev Singh for crossexamination as they did not dispose anything against him.
:50:
Be that as it may, it cannot be disputed that the testimony of PW1 Harjinder Singh, PW4 Anand Singh Negi and PW5 D.Nataraj cannot be read in evidence against the accused Gurdev Singh.
Besides the aforesaid, it was also argued by learned defence counsel that even otherwise PW1 Harjinder Singh (Approver) has not deposed any thing against accused Gurdev Singh, nor any evidence has been led by the Prosecution to prove the existence of any criminal conspiracy between the accused Gurdev Singh and any other person.
It was further argued that though it is the case of the Prosecution that accused Gurdev Singh was sent to USA by accused Sudhir Sharma on forged passport of one Suresh Kumar, the Investigating Agency failed to send the original BTQ application form allegedly signed in the name of Suresh Kumar to RBI.
My attention was drawn to the examinationinchief of PW3 Sh.Jayesh Joshi from M/s Thomas Cook India Ltd. which was recorded on 05.04.2011. In the said examinationinchief the witness deposed that the original copy of BTQ application duly signed by the :51: passenger was submitted to the RBI and the carbon copy was retained in office being Ex.PW3/X. Further, it was contended that despite the same no investigation was conducted by the CBI from RBI in respect of the original BTQ application of Suresh Kumar. It was further contended by learned defence counsel that PW3 Sh.Jayesh Joshi did not deposed anything regarding issuance of foreign currency in favour of Suresh Kumar and rather deposed that the official who had made the endorsement pertaining to issuance of USD 500 in favour of Suresh Kumar was Ms.Dipti.
Ms.Dipti Menon was brought into the witness box as PW27. She however was unable to identify the person who had come to their office to collect the 500 USD. Although, she deposed that 500 USD were issued to one Suresh Kumar who was the holder of official passport No.O315933.
It is also pertinent to note that although PW17 Sh.Suresh Kumar deposed that he had applied for official passport vide his application Ex.PW12/1 and that he never received the official passport bearing No.O315933 dated 07.11.1994 and the BTQ application form :52: Ex.PW3/X does not bear his signatures and handwriting, yet from the statement of PW18 Sh.S.L.Mukhi and his report Ex.PW18/D, the Prosecution has not been able to establish that the BTQ application form Ex.PW3/X bears the signatures of accused Gurdev Singh.
Reliance was also placed by learned defence counsel on the testimony of PW7 Sh.Chander Sharma who was working with M/s Indica Travels. The witness produced the record pertaining to issuance of air ticket in the name of 'S.Kumar' on 01.12.1994 vide daily sales register Ex.PW7/C. However, at the same time, PW7 deposed that the office copy of the said air ticket was not traceable in their record. Learned defence counsel, thus contended that the Prosecution in these facts and circumstances has failed to prove the issuance of air tickets in the name of 'S.Kumar' or to prove that Gurdev Singh travelled on any such air ticket, as alleged. Even, as per record produced vide Ex.PW23/A from the Bombay Airport, there is no entry with regard to any 'Suresh Kumar' left for USA from Bombay, as alleged by the Prosecution. This fact was also corroborated by the testimony of PW32 Insp.R.D.Sharma, who deposed that no air ticket was recovered :53: in the name of 'Suresh Kumar' during the investigation either by the previous IO or by him.
Learned defence counsel also contended that the Visa Register of Embassy of Panama Ex.PW2/11 contains the name of Suresh Kumar. However, the said document has not been proved by any official of Embassy of Panama and is merely exhibited by the IO, which is not admissible in evidence, particularly when the same is only the photocopy.
It was thus contended that there is no evidence on record to establish that accused Gurdev Singh had gone to USA on the official passport of Suresh Kumar nor is there any evidence to prove any nexus between accused Gurdev Singh and accused Sudhir Sharma and that the Prosecution has failed to prove the charges against the said accused.
On the other hand, learned SPP for CBI contended that as per Ex.PW26/C, accused Gurdev Singh was apprehended from IGI Airport on 28.11.08 and one passport No.G9975637 was recovered from his possession. It was argued that as per the said passport, accused Gurdev Singh did not travel to USA on the said passport. The :54: onus was thus upon him to show as to how he travelled to USA and since he has failed to discharge this onus, the allegations against him stands proved.
I have considered the said submissions. However, I find that the recovery of another passport from accused Gurdev Singh upon his apprehension at IGI Airport on 28.11.2008 cannot, in any manner, prove the case of the Prosecution. It is well settled law that the Prosecution has to stand on its own legs and lead cogent evidence to prove the allegations against the accused. In other words, the fact that accused Gurdev Singh was apprehended at Immigration Check at IGI Airport with another passport does not prove the case of the Prosecution that he had travelled to USA on forged passport issued in the name of Suresh Kumar or it was procured by accused Sudhir Sharma or that there was any criminal conspiracy between them as alleged.
Much reliance was also placed by CBI on documents Ex.PW25/E (Visitor's Register of Satyam Guest House); Ex.PW6/D (Register of Hotel Lords); Ex.PW3/X (BTQ Application Form); :55: Ex.PW15/C (Disclosure memo of Gurdev Singh) and Ex.PW15/B (Pointing out memo of Satyam Guest House) by the Prosecution in support of its arguments that the case against accused Gurdev Singh stands proved from the said document. On going through the same, I find that the document Ex.PW15/C being disclosure statement cannot be read in evidence. Having gone through the document Ex.PW25/E i.e. copy of the register of Satyam Register coupled with the report of the GQD Ex.PW25/D, the only thing which emerges from the same is that Gurdev Singh had made an entry in the register of Satyam Guest House on 07.12.94 and his handwriting and signatures on the register, although confirmed vide GQD Report Ex.PW25/D, by itself, is not sufficient to prove the case of the prosecution against accused Gurdev Singh particularly in the absence of any evidence to establish that he had travelled on the passport of Suresh Kumar as alleged.
PW24 Ms.Kulwinder Kaur also failed to support the case of the Prosecution and she turned hostile. Further, to my mind, the testimonies of Investigation Officer PW32 Insp.R.D.Sharma per se, without there being any other cogent evidence, cannot be said to be :56: sufficient to prove the case of the CBI qua accused Gurdev Singh. The judgment of Karamjit Singh vs. State, 2003 Crl.L.J. 2021, relied by the Prosecution, in my view, is clearly distinguishable on facts and has no application to the present case.
The visitor's register of Satyam Guest House and the register of Hotel Lords also does not establish any thing as the said evidence in the light of the submissions of learned defence counsel, in my opinion, is not sufficient to prove the allegations against the accused. It is reiterated even at the cost of repetition that from the entire evidence led on record, it cannot be established that it is accused Gurdev Singh who had travelled on the passport of accused Suresh Sharma as alleged. Moreover, the pointing out memo of Satyam Guest House Ex.PW15/B per se cannot establish the entire case of Prosecution.
Lastly, the contentions of the ld. SPP for CBI that in his statement recorded under Section 313 Cr.PC accused Gurdev Singh submitted that he stayed in Satyam Guest House on 01.09.1994 and left the guest house on 02.09.1994 (refer Q.No.38) or that he had gone to :57: America after about 34 months of the marriage of his sister Kulwinder Kaur (refer to Q.No.109) or that the visitor's register of Satyam Guest House bears his writings (refer to Q. No.110) or that on 28.11.2008, he was apprehended at IGI Airport, in pursuance of lock out circular got opened by CBI (refer Q.No.111) or that Passport No.G9975637 and Permanent Resident Card No.A#073418453 was recovered from his possession cannot, in my view, be said to prove the charges on which the accused Gurdev Singh is facing trial.
In the present case, the Prosecution, in my opinion, has failed to lead evidence to establish the charges against the accused Gurdev Singh. There is not even an iota of evidence to establish that he travelled on a forged passport of Suresh Kumar which was allegedly forged by accused Sudhir Sharma nor any nexus whatsoever was proved to have existed between the above named accused. Consequently, accused Gurdev Singh is hereby acquitted of the charges framed against him.
Let the accused Sudhir Sharma be heard on the point of sentence for the offences punishable under Section 120B r/w Sections :58: 420,467,471,468 IPC and Section 12(2) of Passport Act, 1967.
Announced in the Open Court
on March 12, 2013 (Kaveri Baweja)
Additional Sessions JudgeSpl. FTC
(Central)
Tis Hazari Courts: Delhi.
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State Vs. Sudhir Sharma & Ors.
FIR No. : RC05(S)/01
PS : CBI/SIC1/New Delhi
SC No. : 143/09
12.03.2013
Present : Sh.Rakesh Mehta - ld. APP for the State.
Accused Sudhir Sharma produced in JC.
Accused Gurdev Singh is present on bail.
Vide separate judgment announced today in open
court accused Gurdev Singh is acquitted of the charges framed against him, whereas accused Sudhir Sharma is convicted for the offence punishable under Sections 120B r/w Sections 420,467,471,468 IPC and Section 12(2) of Passport Act, 1967. Let accused Sudhir Sharma be heard on the point of sentence on 16.03.2013.
However, accused Gurdev Singh is directed to furnish bail bond to the tune of Rs.15,000/ (Rupees Fifteen Thousand) with one surety in the like amount under the provisions of Section 437 Cr.PC. At this stage, accused Gurdev Singh submits that today he can produce personal bond only and seeks time to produce surety. In view of request :60: made, his personal bond is accepted till 16.03.2013.
(Kaveri Baweja) Additional Sessions JudgeFTC (Central) Tis Hazari Courts: Delhi 12.03.2013 :61: In the Court of Ms. Kaveri Baweja Additional Sessions JudgeFTC (Central) Tis Hazari Courts: Delhi.
Sessions Case No. : 143/09
Unique ID No. : 02401R0459382002
CBI versus (1) Sudhir Sharma
S/o Sh.R.P.Sharma
R/o 18/87, MIG Flat
Sector7, Rohini, Delhi.
(2) Amarjit Singh
S/o Makhan Singh
R/o Vill. Nawan Pind Naicha
(near Goraya), Distt. Jalandhar
Punjab.
(Declared PO vide order
dated 31.03.2005)
(3) Late Gujinder Singh
S/o Sh.Karnail Singh
R/o Village Bahrundi,
Distt. Ludhiana, Punjab.
(Expired)
(4) Harjinder Singh
S/o Late Sh.Jagdev Singh
R/o Vill. Roorgarh Road,
PS Sherpur, Distt. Sangrur,
Punjab. (Approver)
(5) Gurdev Singh
:62:
S/o Sh.Sardul Singh
R/o Vill. Bal. Tehsil Balpurian
Batala, Gurdaspur (Punjab)
Case arising out of:
FIR No. : RC05(S)/01
Police Station : CBI/SIC1/New Delhi
Under Section : 379/380/465/468/471/120B & 12(1)(c) P.P.
Act
Judgment pronounced on : 12.03.2013
ORDER ON SENTENCE
1. Vide judgment dated 12.03.2013 accused Sudhir Sharma has been convicted for the offence punishable under Sections 120B r/w Sections 420,467,471,468 IPC and Section 12(2) of Passport Act, 1967. Learned counsel representing the convict has argued that he is 58 years of age and his family comprises of his wife and two unmarried children. He stated that the convict is facing trial for the last 14 years and has already remained in custody in this case for more than two years. It is further submitted that the convict is a graduate from Sri Ram College of Commerce, Delhi University and is rendering educational services in the Jail. His jail record has been excellent and it :63: is prayed that keeping in view the aforesaid circumstances, a lenient view be taken and he be sentenced for the period already undergone by him in the custody.
2. On the other hand, ld. SPP for the CBI submits that the convict is a habitual offender and there are little chances of his reformation. It has been brought to the notice of the court that the convict is already convicted in five cases of similar nature. Moreover, vide orders of Hon'ble High Court, it has been directed that his sentence in two of such cases shall not run concurrently. Learned Prosecutor representing the CBI submits that there is no ground to award lesser sentence to the convict and has also relied upon the following judgments in support of his arguments:
a) Sevaka Perumal vs. State of TN, 1991 Crl.LJ 1854 (SC);
b) Dhananjoy Chatterjee vs. State of W.B., 1994 SCC (Crl.) 358;
c) State of Karnataka vs. Sharanappa Basugonda Aregonda, 2002 Crl.LJ, 2020 (SC);
d) State of Karnataka vs. Krishna @ Raju, 1987, Crl.LJ 776 (SC);
e) State of MP vs. Saleem, 2005 Crl.LJ 3435 (SC) &
f) Siddarama & Ors. vs. State of Karnataka, 2006 IV AD (Crl.)
3. He thus prayed that maximum prescribed sentence be :64: awarded to the convict so as to have a deterrent effect and keeping in view the fact that there is no scope of any reformation.
4. I have heard the submissions made in the light of offences proved to have been committed by the above named convict. It is not disputed that this is an offence of similar nature for which the convict has earlier been found guilty. His earlier convictions in five similar cases is a factor which restrains me for taking any lenient view in favour of the convict.
5. Having regard to the totality of the facts and circumstances of the case, I am of the opinion that interest of justice would be served if the convict is sentenced for the aforesaid offences as under:
1. For the offence punishable under Section 120B read with Section 420 IPC, the above named convict is sentenced to undergo RI for 7 years in addition to payment of fine of Rs.10,000/, in default whereof he shall further undergo SI for a period of 2 years;
2. For the offence punishable under Section 120B read with Section 467 IPC, the above named convict is sentenced to undergo RI for 7 years in addition to payment of fine of Rs.10,000/, in default whereof he shall further undergo SI for a period of 2 years; :65:
3. For the offence punishable under Section 120B read with Section 468 IPC, the above named convict is sentenced to undergo RI for 7 years in addition to payment of fine of Rs.10,000/, in default whereof he shall further undergo SI for a period of 2 years;
4. For the offence punishable under Section 120B read with Section 471 IPC, the above named convict is sentenced to undergo RI for 2 years in addition to payment of fine of Rs.5,000/, in default whereof he shall further undergo SI for a period of 6 months and
5. For the offence punishable under Section 12(2) of Passport Act, 1967, the above named convict is sentenced to undergo RI for 2 years in addition to payment of fine of Rs.5,000/, in default whereof he shall further undergo SI for a period of 6 months.
6. All the sentences shall run concurrently. The convict shall be entitled to the benefit of Section 428 Cr.PC. A copy of judgment and order on sentence be provided to convict free of cost.
File be consigned to record room.
(Kaveri Baweja) Additional Sessions JudgeFTC (Central) Tis Hazari Courts: Delhi 16.03.2013 :66: State Vs. Sudhir Sharma & Ors.
FIR No. : RC05(S)/01 PS : CBI/SIC1/New Delhi SC No. : 143/09 16.03.2013 Present : Sh.Rakesh Mehta - ld. APP for the State.
Accused Sudhir Sharma produced in JC.
Accused Gurdev Singh is present.
Sh.Anil Aggarwal - ld. Counsel for the accused.
Vide separate order on sentence announced today in open court, the convict Sudhir Sharma is sentenced as under:
1) For the offence punishable under Section 120B read with Section 420 IPC, the above named convict is sentenced to undergo RI for 7 years in addition to payment of fine of Rs. 10,000/, in default whereof he shall further undergo SI for a period of 2 years;
2) For the offence punishable under Section 120B read with Section 467 IPC, the above named convict is sentenced to undergo RI for 7 years in addition to payment of fine of Rs. 10,000/, in default whereof he shall further undergo SI for a period of 2 years;
3) For the offence punishable under Section 120B read with Section 468 IPC, the above named convict is sentenced to undergo RI for 7 years in addition to payment of fine of Rs. 10,000/, in default whereof he shall further undergo SI for a period of 2 years;
4) For the offence punishable under Section 120B read with Section 471 IPC, the above named convict is sentenced to undergo RI for 2 years in addition to payment of fine of Rs. :67: 5,000/, in default whereof he shall further undergo SI for a period of 6 months and
5) For the offence punishable under Section 12(2) of Passport Act, 1967, the above named convict is sentenced to undergo RI for 2 years in addition to payment of fine of Rs.5,000/, in default whereof he shall further undergo SI for a period of 6 months.
All the sentences shall run concurrently. The convict shall be entitled to the benefit of Section 428 Cr.PC. A copy of judgment and order on sentence be provided to convict free of cost.
On the other hand, accused Gurdev Singh who has been acquitted in this case has furnished surety under the provisions of Section 437A Cr.PC pursuant to directions contained vide order dated 12.03.2013. His bail bond are hereby accepted. File be consigned to record room.
(Kaveri Baweja) Additional Sessions JudgeFTC (Central) Tis Hazari Courts: Delhi 16.03.2013