Delhi District Court
State vs Kulwinder Singh Etc (Page No. 1 Of 17) on 20 October, 2011
(P/1)
FIR NO. 227/1997
u/s 419/420/468/471/120 B
IPC
P.S. IGI Airport
IN THE COURT OF SH RAJESH KUMAR GOEL
ADDITIONAL CHIEF METROPOLITAN
MAGISTRATE-02,
DWARKA COURTS
FIR NO. 227/1997
u/s 419/420/468/471/120 B
IPC
P.S. IGI Airport
Date of institution : 20.09.2000
Date of Final argument : 20.10.2011
Date of final order : 20.10.2011
JUDGMENT:
A SL NO. OF THE CASE : 02403R0030132000
B: DATE OF OFFENCE : on or before 14.7.1997
C: NAME OF THE : State
COMPLAINANT
D: NAME OF THE : 1. Kulwinder Singh @ Fauzi@ agent
ACCUSED s/o Charan Sigh ( expired)
PERSON
2. Swaran Signh s/o Santokh
Singh r/o Village Bakerpur,P.O
Raipur P.S Bhaloth Distt
Kapoorthala (Punjab)
( already stands convicted)
3. Ravinder Singh @ Arvinder
Singh r/o H. No 976/65, Lekhu
Nagar, Tri Nagar, Delhi.
E: OFFENCE : u/s 419/420/468/471/120 B
COMPLAINED OFF
F: PLEA OF ACCUSED PLEADED
NOT GUILTY
State vs Kulwinder Singh etc (page no. 1 of 17)
(P/2)
FIR NO. 227/1997
u/s 419/420/468/471/120 B
IPC
P.S. IGI Airport
G: FINAL ORDER : Acquitted
H: DATE OF SUCH : 20.10.2011
ORDER
BRIEF REASONS FOR DECISION:
1. Briefly stated facts are that on 14.7.1997, at arrival right wing immigration , IGI Airport , one pax in the name of Om Parkash Tuteja arrived as a deportee . He was handed over to the clearing officer namely Randhir Singh . On scrutiny of his travel documents , it was revealed that the said pax was traveling on the basis of the passport no. T 906243 and was impersonating himself as Om Parkash Tuteja. It was further revealed that page no.1 ,2 and 35 ,36 are replaced, thread of stitching has been tampered and Canadian visa affixed on page no.27 is also fake. On interrogation pax revealed his real name as Swaran Singh and disclosed that his journey was arranged by one agent Arvinder singh for unlawful consideration. On these allegations , FIR was registered and matter was investigated.
State vs Kulwinder Singh etc (page no. 2 of 17) (P/3) FIR NO. 227/1997 u/s 419/420/468/471/120 B IPC P.S. IGI Airport
2. Initially, the FIR was registered at P.S IGI Airport , but subsequently, vide order number 106768/P. Sec .( ops) dated 2.9.1997 , office of the additional commissioner of police (ops, Delhi) , investigation was transfered to Crime Branch.
3. After investigation by the crime branch the chargesheet was filed. Prima Facie case U/s 419/420/468/471 /120 B IPC was made out against the accused Swaran Singh and Ravinder Singh . After compliance of section 207 Cr. P.C, they were charged accordingly by the Ld. Predecessor of this Court to which they pleaded not guilty and claimed to be tried.
4. Here it is pertinent to mention that during the pendency of the present case, accused Swaran Singh was convicted upon an application u/s 265(B) CrPC under the chapter of Plea Bargaining vide order dated 24.10.2010 , in a special sitting. As far as accused Kulwinder Singh is concerned , initially he was P.O. Later on , it was reported that he has expired . The death of the accused Kulwinder Singh was verified and vide State vs Kulwinder Singh etc (page no. 3 of 17) (P/4) FIR NO. 227/1997 u/s 419/420/468/471/120 B IPC P.S. IGI Airport order dated 20.10.2011, proceedings against him stands abated.
5. In support of its case prosecution has examined thirteen witnesses.
6. PW1 ASI Rajender Singh, PW4 HC Maan Singh, PW6 Inspector Ram Kishan , PW7 Ct. Raj Kumar , PW9 S.I Siddarth Parikh , PW10 retd ACP Abhay Ram and PW12 ASI Tej Pal Singh are the officials of Delhi Police.
7. PW3 Retd Inspector Bahadur singh, PW 5 Insp Vijay Kumar and PW13 Retd Inspector Jawahar Lal are the immigration officials.
8. PW2 Gurcharan Singh , is only public witness . PW8 Sh Madan lal is then Retd Dy Passport Officer. PW11 Yogesh Khanna UDC from Passport department, Delhi Secretariat .
9. Thereafter PE was closed. Statement of accused State vs Kulwinder Singh etc (page no. 4 of 17) (P/5) FIR NO. 227/1997 u/s 419/420/468/471/120 B IPC P.S. IGI Airport Ravinder Singh u/s 281 CrPC was recorded vide which accused claimed to be innocent and denied the allegations against him. However, he did not opt to lead any evidence in his defence.
10. I have perused the record and heard Ld. APP for State and the ld counsel for the accused .
11. Accused Ravinder Singh is facing trial for an offence u/s 419/420/468/471/120 B IPC on the allegation that he entered into a criminal conspiracy to facilitate the journey of coaccused Swarn Singh on the basis of passport issued in the name of Om Prakash Tuteja having forged visa and replaced pages. Although , prosecution has examined thirteen witnesses but if testimonies of these witnesses is put to close scrutiny , it becomes crystal clear that there is no evidence against the accused Ravinder Singh . It appears that he has been made the accused in the present case, only on the disclosure statement of the coaccused, which is not admissible .
State vs Kulwinder Singh etc (page no. 5 of 17) (P/6) FIR NO. 227/1997 u/s 419/420/468/471/120 B IPC P.S. IGI Airport
12. In the present case , prosecution has examined three set of witnesses.
13. First set of witnesses comprises three witnesses i.e PW3 Retd Inspector Bahadur singh, PW 5 Insp Vijay Kumar and PW13 Inspector Jawahar Lal , who were working with immigration wing , IGI Airport in different capacities. PW3 Retd Insp. Bahadur Singh was working as clearing officer at arrival right wing of immigration at IGI Airport and deportee alongwith passport was handed over to him by IC wing Shri Ram Awatar. PW5 Insp. Vijay Kumar was posted at IGI Airport, Shift C , Departure left on 1112.7.1997 and was performing his duties as clearing officer. PW 13 Retd Insp. Jawahar Lal was working as incharge ,Left departure wing of immigration on 12.7.1997.
14. Second set of witnesses consists of PW1 ASI Rajinder Singh , PW4 Hct Maan Singh , PW 6 Inspector Ram Kishan , PW7 Ct. Raj Kumar , PW9 S.I Sidharth Parikh, PW10 Retd ACP Sh Abhay Ram and PW12 ASI Tej Pal, are the police officials, who either have carried out the State vs Kulwinder Singh etc (page no. 6 of 17) (P/7) FIR NO. 227/1997 u/s 419/420/468/471/120 B IPC P.S. IGI Airport investigation or assisted the IO's in one capacity or other.
15. Third set of witnesses consists of PW2 Gurcharan Singh , who is the only public witness , and stated to be the relative of the accused Kulwinder Singh. PW8 Retd Dy Passport Officer, Sh Madan lal , who has proved the passport verification report pertaining to the passport no. T906243 ExPW8/A issued in the name of Pawan Kumar s/o Sh Chattar Singh . PW11 Yogesh Khanna appeared on behalf of the Dy. Secretary (Home) and proved the sanction u/s 15 Passport Act ExPW11/A, as it was not disputed by the accused Ravinder .
16. First of all take the testimony of third set of witnesses i.e PW 2 Gurcharan Singh , PW8 Retd Dy Passport Officer Sh Madan lal and PW11 Yogesh Khanna. PW2 has said nothing against the accused Ravinder though he has deposed against the accused Kulwinder Singh ( expired). He deposed that Kulwinder Singh was an agent and is in his distant relation who used to sent the person from Delhi . He advised him to leave this work . PW 8 has simply proved the passport verification report and PW11 State vs Kulwinder Singh etc (page no. 7 of 17) (P/8) FIR NO. 227/1997 u/s 419/420/468/471/120 B IPC P.S. IGI Airport has proved the sanction u/s 15 Passport Act. These witnesses have said nothing material against the accused Ravinder.
17. Now, take the testimony of second set of witnesses i.e PW1 AS Rajinder , PW4 Hct Maan Singh , PW 6 Inspector Ram Kishan , PW7 Ct. Raj Kumar , PW9 S.I Sidharth Parikh, PW10 Retd ACP Sh Abhay Ram and PW12 ASI Tej Pal .
18. Out of these witnesses PW1 ASI Rajinder Singh , PW 4 Hct Maan Singh , PW7 Ct. Raj Kumar and PW12 ASI Tej pal are just formal witnesses. They have said nothing against the accused. They assisted the IO's during investigation. PW 6 Inspector Ram Kishan , PW9 S.I Sidharth Parikh, PW10 Retd ACP Sh Abhay Ram are the IO's who carried out the investigation at different point of time.
19. PW9 S.I Sidharth Parikh is the initial IO . He deposed that on 14.7.1997, one pax Swarn Singh alongwith his travel documents ExP1 to P6 ( travel documents were in the name of one Om Prakash Tuteja State vs Kulwinder Singh etc (page no. 8 of 17) (P/9) FIR NO. 227/1997 u/s 419/420/468/471/120 B IPC P.S. IGI Airport on whose document he was traveling ) , seizure memo ExPW1/A and complaint ExPW3/A was handed over to him for investigation. He arrested the accused Swarn Singh and interrogated him and arrested him and recorded his disclosure statement and produced him before the court concerned and had taken his PC . On the intervening night of 14/15.7.1997 , the case file was transfered handed over to S.I Ram Kishan Yadav for further investigation as he was to proceed on leave on 15.7.1997.
20. PW6 Insp. Ram Kishan deposed that on 15.7.1997 , the further investigation of this case was assigned to him. Accused Swarn Singh was already taken on PC remand. He alongwith pax went to VPO Bhalath , Punjab for the search of the agent Kulwinder Singh @ Fauzi. Pax Swarn Singh pointed out the house of agent Kulwinder Singh vide pointing out memo ExPW6/A. Agent Kulwinder Singh was not found there. His house was searched in the presence of his relative Gurcharan Singh and Dharmender . One original passport and five photocopies of different passports were recovered from the Almirah which were seized vide ExPw2/A. Original passport ExPA was in the name of Ranjit Singh. State vs Kulwinder Singh etc (page no. 9 of 17) (P/10) FIR NO. 227/1997 u/s 419/420/468/471/120 B IPC P.S. IGI Airport Then they came back to Delhi and pax was produced before the concerned court and thereafter case file was again handed over to S.I Siddhart Parikh for investigation.
21. PW10 Retd ACP Abhay Ram deposed that on 12.9.1997 , he was posted as Insp. At F& C section of Crime Branch when he was entrusted with investigation of the present case. He scrutinized the file and recorded statement of Om Prakash, MR. Rastogi and Jawahar Lal , all officers of immigration. Pw10 further deposed that the file remained with him only for 10 days and thereafter he was trasferred.
22. PW6, PW9 and PW10 were cross examined by the accused person. During the cross examination, PW6 Inspector Ram Kishan replied that , he did not verify as to where from the Air Tickets of the pax Swarn Singh was issued and who got issued the same. Similarly, PW9 S.I Siddharth Pariksh,who was the first IO , could not explain about arranging the Air tickets of the pax Swarn Singh .
State vs Kulwinder Singh etc (page no. 10 of 17) (P/11) FIR NO. 227/1997 u/s 419/420/468/471/120 B IPC P.S. IGI Airport
23. If the testimonies of these witnesses is put to close scrutiny , it becomes crystal clear that although, they might have said against the coaccused Swarn Singh ( already stands convicted) or Kulwinder Singh( expired) but they have said nothing against the accused Ravinder Singh . Nothing has been brought on record by the prosecution to the effect that accused Ravinder entered into a criminal conspiracy with coaccused person to facilitate the journey of Swarn Singh on the basis of the passport issued in the name of the Pawan Kumar.
24. Now, take the testimonies of first set of witnesses i.e PW3 Retd Insp. Bahadur Singh, PW5 Insp. Vijay Kumar and PW13 Retd Insp. Jawahar Lal , immigration officers . The testimonies of PW3, PW5 and PW13 is also not sufficient to convict the accused Ravinder Singh rather it gives an impression that few immigration officer ,who were posted at IGI Airport during relevant time , should have been the accused.
25. PW3 Retd Insp. Bahadur Sigh was posted as clearing State vs Kulwinder Singh etc (page no. 11 of 17) (P/12) FIR NO. 227/1997 u/s 419/420/468/471/120 B IPC P.S. IGI Airport officer at arrival wing of immigration at IGI Airport. He deposed that in the intervening night of 1314/7/1997 , at about 1:00 am ( in the night) , during the clearance of flight no. LH 760 , one deportee alongwith papers and passport was handed over to him by IC wing Sh Ram Awatar . On scrutiny of the papers, it was found that the passport was in the name of one Om Prakash Tuteja and the passport was found fake . It was further revealed that page no.1, 2 and 35,36 were replaced , the thread of the stitching was also found tempered and the Canadian Visa affixed on the passport at page no.27 was found fake. Pax disclosed that his real name is Swarn Singh and his journey was arranged by one agent namely Arvinder Singh . PW3 further deposed that he prepared the complaint ExPW3/A, seized the documents ExP1 to P6 . PW3 was cross examined by the ld counsel for the accused Ravinder Singh.
26. PW 5 Insp. Vijay Kumar deposed that in the intervening night of 11/12.7.1997 , he was posted at IGI Airport Shift C, Departure left and he was performing his duty as clearing officer. He saw that A.K Singh, ACIO , who was on duty in that shift at the other side of the departure wing , State vs Kulwinder Singh etc (page no. 12 of 17) (P/13) FIR NO. 227/1997 u/s 419/420/468/471/120 B IPC P.S. IGI Airport was moving near the counter where the boarding cards are being issued by the airline. Then he saw one passenger with A.K Singh , ACIO and ACIO A.K Singh was holding the travel documents in his hand. Thereafter, he alone went to Insp. Jawahar lal Incharge of Departure left wing of immigration. Then he came to the place where the pax was standing and then he alongwith the pax went to the counter of ACIO II O.P Vaid from where that pax was cleared. Later on he came to know about the name of the pax as Swarn Singh .
27. PW5 further deposed that on the next day his duty was in the morning shift in the arrival left wing of immigration. Then he saw A.K Singh was talking with Insp. Jawahar Lal and was telling that the pax who was cleared yesterday had arrived as deportee and the courtesy was done by S.K Mishra ACIO I Shift B. PW5 further deposed that A.K Singh had also talk with S.K Mishra on telephone which was kept on the counter of duty officer at arrival gate regarding the pax.
28. PW13 Retd Insp. Jawal Lal has deposed that on 12.7.1997 , he was performing his duty as Incharge left wing of immigration. State vs Kulwinder Singh etc (page no. 13 of 17) (P/14) FIR NO. 227/1997 u/s 419/420/468/471/120 B IPC P.S. IGI Airport At about 12:15 am , ACIO 01 Sh A.K Singh came to him and told him that one passenger is known to him and he wants immigration clearance of that pax as the clearance of Lufthansa flight was going on . He told him that approximately all the counters are running and he can go to any counter for the clearance. He went to the counter of O.P Vaid and told him that the pax is known to him and he may be cleared. ACIO01 Sh A.K Singh was in their shift , therefore in good faith , Sh O.P Vaid cleared the pax and did not check the travel documents .
29. PW13 further deposed that on next day when he came on duty , Sh O.P Vaid ACIO II, told him that the aforesaid courtesy passenger has been received as deportee. He called Sh A.K Singh and asked about it who told him that the pax was known to his friend Sh S.K Mishra who was also ACIO 01 Shift 'B' but he was not on duty on that day. This pax was cleared by Sh O.P Vaid in the name of Sh Om Prakash Tuteja . Later on his real name , they came to know as Swarn Singh. The matter was brought into the notice of Sh V.K Rastogi , then incharge of the Shift'C' and then FRRO Sh Dharmender Kumar.
State vs Kulwinder Singh etc (page no. 14 of 17) (P/15) FIR NO. 227/1997 u/s 419/420/468/471/120 B IPC P.S. IGI Airport
30. PW5 and PW13 were not cross examined by the accused. Even these witnesses , who were posted at IGI Airport with the immigration department, have also said nothing against the accused Ravinder Singh but have brought on record the involvement of some immigration officials in the commission of the offence . IO's concerned have not carried out the investigation properly which is evident from the following points of consideration :
a) Real passport holder has not been examined or interrogated. It has not been explained that how the passport belonging to one Pawan Kumar came into the possession of Swarn Singh.
b) Source of Air Ticket for the accused Swarn Singh is not known. Who arranged the tickets and from which agency tickets were arranged, also remains unexplained.
c) It has come on record that pax Swarn Singh departed from IGI Airport on 12.7.1999 in the name of Om Prakash Tuteja and some immigration officials appears to be instrumental in getting immigration clearance of the said pax which is clear from the testimonies of PW3,PW5 and PW13 . How the clean chit was given to the aforesaid immigration officers , has also not been explained.
31. The present matter smells something fishy and indicates deep involvement and conspiracy of the " then officials of the office of police and FRRO" which needs to be investigated and corrected as per State vs Kulwinder Singh etc (page no. 15 of 17) (P/16) FIR NO. 227/1997 u/s 419/420/468/471/120 B IPC P.S. IGI Airport law. The investigation of allegation made against a person is a serious and solemn exercise undertaken by the police officer as on the result of this investigation hangs the fate of personal liberty of the person which is constitutionally guaranteed, but the same was found missing in the present case.
32. Be that as it may, this court is not satisfied with the manner in which the investigation appears to have been carried out by the agencies concerned. Accordingly, the copy of this judgment be sent to the Addl Commissioner of Police ( operations) New Delhi , Director ( Immigration) IB ( MHA) for information and necessary action against the erring officials , as per law.
33. Keeping in view the facts and circumstances of the present case, I hold that prosecution has failed to prove ingredients of section 419/420/468/471/120 B IPC against the accused Ravinder Singh beyond the shadow of doubt . Accordingly, Accused Ravinder Singh State vs Kulwinder Singh etc (page no. 16 of 17) (P/17) FIR NO. 227/1997 u/s 419/420/468/471/120 B IPC P.S. IGI Airport stands acquitted for offence u/s 419/420/468/471/120 B IPC . His surety stands discharged . Documents, if any, be released after cancellation of endorsement.
(RAJESH KUMAR GOEL) ACMM-02/DWARKA ANNOUNCED IN the OPEN COURT TODAY I.E 20.10.2011.
State vs Kulwinder Singh etc (page no. 17 of 17)