Delhi District Court
State vs Satpal Singh on 24 May, 2024
CNR No. DLWT02-000087-2000
IN THE COURT OF MS. SONAM GUPTA
CHIEF METROPOLITAN MAGISTRATE (WEST)
TIS HAZARI COURTS, DELHI
In the matter of :
State
Vs.
Satpal Singh and Anr.
FIR No.146/2000
P.S EOW/Crime Branch
Paschim Vihar
JUDGMENT
1. Sr. No. of case 69065/2016
2. Date of institution 06.03.2000
3. Name of the complainant ASI Ranvir Singh, ISC, Crime
Branch, Chanakyapuri, Delhi.
4. Date of commission of offence At or around the Month of January,
2000.
5. Name of accused 1.Accused Satpal Singh
S/o Sh. Hukam Singh
(Proceedings are abated on
04.06.2022)
2.Accused Parvez Kumar
S/o Sh. Tulsi Ram
FIR No.146/2000 PS EOW State Vs. Satpal Singh & Ors. Page no. 1 of 34 CNR No. DLWT02-000087-2000 R/o H. No. 581, Sector2, Type 2nd Sadiq Nagar, Delhi.
6. Offence complained of U/s 420/120-B IPC and 12 of Passport Act r/w 120-B IPC against both the accused persons & U/s 468/471/419/120-B IPC against accused Satpal Singh
7. Plea of accused Pleaded not gulity
8. Date of reserving the judgment 24.05.2024
9. Final order Accused 10 Date of such judgment 24.05.2024 BRIEF STATEMENT OF REASONS FOR THE DECISION OF THE CASE
1. The case of the prosecution is that in the year of January, 2000, the accused persons hatched a conspiracy of obtaining visa for one lady namely Gurjeet Kaur D/o Shri Labh Singh after forging the Marriage Certificate and other documents to send her to Austria through illegal means and thereafter forged the false immigration stamp to show that lady came back to India whereas in fact she was left in Austria. It is further alleged that the accused Satpal Singh conspired and prepared false Marriage Certificate from Arya Samaj (Anarkali) Mandir Marg, New Delhi dated FIR No.146/2000 PS EOW State Vs. Satpal Singh & Ors. Page no. 2 of 34 CNR No. DLWT02-000087-2000 16.01.2000 so that one lady namely Smt. Gurjeet Kaur, D/o Shri Labh Singh could travel with him to Austria as his wife. It is further alleged that accused Satpal Singh conspired and used the said forged Marriage Certificate for taking that lady namely Smt. Gurjeet Kaur, D/o Shri Labh Singh to Austria on 03.02.2000. It is further alleged that accused Satpal Singh conspired and travelled to Austria with lady Smt. Gurjeet Kaur, D/o Shri Labh Singh and after leaving her in Austria he came back to India on 13.02.2000 via Mumbai with the passport of that lady namely Smt. Gurjeet Kaur D/o Shri Labh Singh and got affixed fake immigration stamp dated 09.02.2000 on her passport to show that Smt. Gurjeet Kaur actually came back to India, but in fact she stayed back in Austria. It is further alleged that on basis of the said conspiracy and on the basis of forged documents, accused Satpal Singh made that lady namely Smt. Gurjeet Kaur D/o Shri Labh Singh to impersonate as his wife to cheat the immigration authorities. It is further alleged that accused persons conspired with dishonest/fraudulent intention and forged documents of marriage of lady Smt. Gurjeet Kaur with accused Satpal Singh and applied for visas for both accused Satpal Singh and that lady namely Smt. Gurjeet Kaur, showing her to be wife of accused Satpal Singh with the intention of taking her to Austria so as to leave her in Austria with the knowledge that firstly the lady (Smt.Gurjeet Kaur) was not the wife of accused Satpal Singh and secondly to make wrongful gain to themselves and wrongful loss to immigration authorities. On the basis of the said complainant the FIR was registered U/s 419/420/468/471/120-B IPC and 12 Passport Act against accused Satpal FIR No.146/2000 PS EOW State Vs. Satpal Singh & Ors. Page no. 3 of 34 CNR No. DLWT02-000087-2000 Singh and Parvez Kumar. Upon completion of investigation into the allegations against the accused persons carried out by the Investigating Officer, a police report under Section 173 Cr.PC was filed in the court.
2. The provisions of Section of 207 Cr.P.C. were complied with. On appearance of accused persons before Court and prima facie case having been made out, charge for the offence of u/s 468/471/419/120-B IPC was framed against accused Satpal Singh and offence U/s 420/120-B IPC and under section 12 of Passport Act r/w 120-B IPC was framed against accused Satpal Singh and Parvez Kumar to which, they pleaded not guilty and claimed trial.
3. During the trial of the present case, accused Satpal Singh had expired and proceedings qua him were abated vide order dated 04.06.2022.
4. To prove the allegations against the accused persons beyond reasonable doubt, the prosecution examined 17 witnesses:-
(a). Sh. Ram Kumar Verma, DCP Supreme Court Security was examined as PW1 who deposed that in the year 2000, he was posted as ACP Assistant, FRRO Head Quarters. On that day, one letter No. 181/R-
ACP/ISC/Crime Branch, Chankyapuri, New Delhi, dated 31.03.2000 Ex.PW1/A was received in their office and certain queries were put regarding arrival stamps on the passport of Gurjeet Kaur. PW1 further FIR No.146/2000 PS EOW State Vs. Satpal Singh & Ors. Page no. 4 of 34 CNR No. DLWT02-000087-2000 deposed that he gave reply vide for letter No. 2557/4(F-5), dated 20.04.2000, Ex.PW1/B, on the basis of available record in the office. PW1 further deposed that as per record, Gurjeet Kaur holding passport No. B0286889 did not arrive at IGI Airport, New Delhi on 09.02.2000. PW1 further deposed that SI Samar Singh, No.D3311 was not posted in Shift A on 09.02.2000. PW1 was not cross-examined by Ld. Counsel for accused persons.
(b). Sh. Harbas Singh, UDC, Regional Passport Officer, Jalandhar, Punjab, was examined as PW2, who deposed that he has not brought the original record for which he was summoned for as the same has been destroyed by order of Section Officer PV III, Ministry of External Affair and the copy of said order is Mark A1, however, he has brought the second record which was prepared prior to destroying the files pertaining to the present matter, as per the record the verification of passports were sought by Sub Inspector Ramesh Sharma of Crime Branch Ex. PW3/A, photocopy of the list is Ex. PW3/A1 and the carbon copy of the list is Ex. PW3/B. PW2 further deposed that after verification all the nine passports in the given name of holders were found genuine by their office and he has brought the second letter dated 04.04.2000, Ex. PW3/C and copy of the said letter is Ex. PW3/C1.(However, the exhibited documents was objected to by Ld. Defence counsel on the ground that photocopies can not be exhibited). PW2 further deposed that he has seen the letter dated 04.04.2000 of passport officer Jalandhar vide which after the scrutiny of FIR No.146/2000 PS EOW State Vs. Satpal Singh & Ors. Page no. 5 of 34 CNR No. DLWT02-000087-2000 office record, the passport in the name of Gurjeet Kaur vide passport no. B0286889 was found to be issued by their office. PW2 further deposed that the said letter is Ex. PW3/D and identified the signature of Sh. Gurdev Singh, Superintendent passport office Jalandhar. PW1 further deposed that he has brought the second copy of this document Mark PW3/P1. PW2 was not cross-examined by Ld. Counsel for the accused persons.
(c). Sh. R.S. Rawat, UDC, Regional Passport Officer, was examined as PW3, who deposed that he has been summoned to produce verification report regarding the passport issued in name of Satyapal Singh, date of issue 07.09.1999 vide passport no. B0566754. PW3 further deposed that he has not brought the original record as the same has already been destroyed as per Ministry instructions. PW3 further deposed that he has brought the photocopy of the circular vide which the same were destroyed alongwith scanned copy of the case file and a letter in this regard issued by Superintendent, Regional Passport Office Mark A and copy of order is Mark X1. PW3 further deposed that he has brought the scanned copy of the case file number DLH D009533/97. PW3 further deposed that he is working in this department for last 25 years and he remained posted in Regional Passport Office, R.K. Puram, New Delhi from 1994 till 2012. PW3 further deposed that he has been acquainted with the handwriting and signatures of Sh. H. R. Khatumaria, the then Assistant Passport Officer, who has already retired from the service and present whereabouts are not available in the office. PW3 further deposed that he has seen verification FIR No.146/2000 PS EOW State Vs. Satpal Singh & Ors. Page no. 6 of 34 CNR No. DLWT02-000087-2000 report dated 27.04.2000 in respect of passport no. B0566754 and record dated 25.04.2000 in respect of passport no. A0335761, which were issued under the signatures of Sh. H.R. Khatumaria to Sub Inspector, ISC, Crime Branch, Chanakyapuri, New Delhi, Ex. PW4/A and Ex. PW4/B, bearing signatures of Sh. H.R. Khatumaria at point A. PW3 further deposed that as per their record both the passports are genuine issued to Satypal Singh and Raja Ram Mohan Raj respectively. PW3 was not cross-examined by Ld. Counsel for the accused persons.
(d). ASI Gyanender Singh, was examined as PW4 who deposed that on 06.03.2000, he was posted at P.S. Paschim Vihar as a Duty Officer, on that day his duty hours were from 05:00pm to 01:00am (night), on that day at about 10:45pm, Ct. Suresh Chand brought a rukka sent by ASI Raghubir Singh for registration of case, on the basis of rukka, he made endorsement on the rukka Ex. PW5/B and registered the case FIR No. 146/00 U/s 12 of Passport Act Ex. PW5/A & marked the investigation to SI Ramesh Chander. PW4 was not cross-examined by Ld. Counsel for the accused persons.
(e). Sh. Rajan Saxena, was examined as PW5, who deposed that in the year 2000, he was working in D Pauls Travels & Tour at 12/161-162, Malviya Nagar, Delhi, and he used to sit on the ticketing seat of international ticketing. PW5 further deposed that in the month of March 2000, police had come to them and had shown the receipt Ex.PW6/A, FIR No.146/2000 PS EOW State Vs. Satpal Singh & Ors. Page no. 7 of 34 CNR No. DLWT02-000087-2000 which was issued by their office dated 02.02.2000. PW5 further deposed that on their direction, he had produced the relevant documents to the police. PW5 further deposed that on checking the record, the said receipt was found to be issued against the air tickets to Gurjeet Kaur and Satpal Singh. PW5 further deposed that police had seized original bill no.10531, zerox copy of ticket of Satpal Singh and Mrs. Gurjeet Kaur as well as the zerox copy of passport of Satpal singh and Mrs. Gurjeet Kaur vide seizure memo Ex.PW6/B, the original bill are Ex.PW6/C. PW5 further deposed that he has not brought the record from which the photocopy of documents were given to the police, as he has already left the job from the said company. Further, examination-in-chief of the PW5 was deferred for want of documents but he was not summoned again in the present case and the prosecution evidence was closed by order of the Court dated 20.07.2022.
(f). SI Mahinder Singh was examined as PW6, who deposed that on 08.03.2000, he was posted as Head Constable in ISC Crime branch Chankayapuri, on that day, he along with SI Ramesh Chander and Ct. Joginder went to Goodlink Travel Office-7/8, Rama Market Munirka along with accused Satpal who was already running in police custody in case FIR no. 146/00. PW6 further deposed that they left the office of Crime Branch at about 02:30pm on a Government vehicle which was being driven by Ct. Joginder and reached at the office of Goodlink Travel Office-7/8, Rama Market Munirka at about 03:00pm. PW6 further deposed that accused Satpal entered in the office and took out one file from behind the racks and FIR No.146/2000 PS EOW State Vs. Satpal Singh & Ors. Page no. 8 of 34 CNR No. DLWT02-000087-2000 produced the same to the IO and the IO seized the above said documents vide seizure memo Ex.PW7/A and the documents Ex.PW6/A and mark B, then they we came back to police station and IO recorded his statement. PW6 correctly identified the accused Satpal (since deceased) present in the Court. PW6 was duly cross-examined by Ld. Counsel for the accused Satpal but not by accused Parveez.
(g). Sh. Ghanshyam Arya was examined as PW7, who deposed that he does not remember when the IO of the present case met him. PW7 further deposed that as per the record which he had brought along with him, the marriage of Satpal Singh S/o Hukam Singh with Gurjeet Kaur D/o Labh Singh was not solemnized and was not registered. PW7 was shown the certified true copy of marriage certificate of Satpal Singh and Gurjeet Kaur and after going through the same, witness states that certificate Mark X does not bear his signature, signature of the President Sh. R. K. Sharma and signature of Secretary. PW7 further deposed that the abovesaid marriage certificate Mark X was never issued from Arya Samaj, Anarkali Temple and the marriage certificate is forged and does not bears their signatures. PW8 was duly cross-examined by Ld. Counsel for the accused Satpal and cross-examination by accused Satpal was adopted by accused Parveez.
(h). Sh. Sukhvinder Jeet Kumar was examined as PW8, who deposed that in the year 2000, he was working as O.T Assistant at Malhotra Hospital at Phagwara and he handed-over his passport and Rs.50,000/- to FIR No.146/2000 PS EOW State Vs. Satpal Singh & Ors. Page no. 9 of 34 CNR No. DLWT02-000087-2000 Parvez for going to France, his deal was finalized in Rs. 3 Lakhs with Parvez for going to France and he assured him that he will obtain the Visa for above said country, later on, his money was returned to him by accused Parvez. PW8 correctly identified accused in the Court. PW8 was duly cross-examined by Ld. Counsel for the accused Satpal and cross- examination by accused Satpal was adopted by accused Parvez.
(i). SI Ranbir Singh, was examined as PW9, who deposed that on 06.03.2000, he was posted as ASI at Crime Branch, Chanakya Puri, on that day, at about 09:00p.m, Insp. Rakesh Dixit, SI Ramesh Sharma, ASI Naresh Kumar, ASI Ashok Kunmar, HC Naresh, Ct Suresh and Ct Ramesh were present opposite Aggarwal Sweets, Multan Nagar in a Government vehicle bearing no. DL-1CE-4836, at that time one secret informer met Inspector Rakesh Dixit and informed that one person Parvez Kumar who is working as a Travel Agent and is involved in sending people in foreign countries without proper documents, the secret informer gave the address of accused which is A-6/348A, Paschim Vihar and stated that if raided accused Parveez can be apprehended, the secret informer informed that above said accused is having many passports in his possession, then the said information was passed to other members of police party. PW9 further deposed that Inspector Rakesh Dixit asked some passersby to join the raiding party but none obliged, after that, one raiding party was formed by Inspector Rakesh Dixit comprising of above said persons of police party, at about 09:15pm, they made nakabandi in front of Day Boarding Public FIR No.146/2000 PS EOW State Vs. Satpal Singh & Ors. Page no. 10 of 34 CNR No. DLWT02-000087-2000 school on the main road and at around 09:25pm, they noticed one white colour Maruti car bearing no. DL-2CL-6107 coming from the side of school which was signaled to stop, after stopping the vehicle, they found that accused Parvez was driving the vehicle and one black colour hand bag make Accent International, was lying on the left/right seat of the driver, then they checked the above said bag and found one blue colour jeans, one blue colour shirt, one mobile phone charger, one three pin holder, one polythene containing 8 passport size photographs alongwith negatives of one lady, one envelope containing 8 photographs of one male person, they also found 7 passports of different persons which were in the names of Vipin Minhas, Ravinder Kumar, Bir Singh, Sukhvinder Jeet Kumar, Parminder Singh, Yadvinder Singh which were issued from passport office, Jalandhar and one passport in the name of Rata Ram Mohan Raj issued from Delhi office, all the above said case property was seized vide seizure memo Ex.PW10/A and accused was inquired about the passports but he did not give a satisfactory reply about the possession of above said passports, then the Maruti car no. DL-2CL-6107 was taken into police possession vide seizure memo Ex.PW10/B, the documents relating to vehicle were found in the dash board of the vehicle which were seized vide memo Ex.PW10/C, after that he prepared rukka Ex.PW10/D and the same was handed over to Ct Suresh for registration of FIR, then Ct. Suresh went to police station and got the case registered and came back at the spot alongwith copy of FIR and original rukka, after that further investigation was marked to SI Ramesh Sharma, who was present at the spot. PW9 further deposed that on FIR No.146/2000 PS EOW State Vs. Satpal Singh & Ors. Page no. 11 of 34 CNR No. DLWT02-000087-2000 27.04.2000, he again joined the investigation alongwith IO SI Ramesh Sharma, on that day, one Raj Kumar Mittal came to their office and handed over his passport which was taken into police possession vide memo Ex.PW10/E, the passport was bearing no. RZ 041798, which he can identify if shown, the passports were released to their respective owners and identity of same is not disputed. PW9 correctly identified the case property that is one black colour bag make Accent International bearing mud no. 2922/00 Ex.P7, containing one blue colour T.Shirt Ex.P1, one blue colour jean pant Ex. P2, one charger mobile phone Ex.P3, one three pin holder Ex.P4, one polythene containing 8 passport size photographs alongwith negatives of one lady Ex. P5, one envelope containing 8 photographs of one male person Ex.P6. PW9 was duly cross-examined by Ld. Counsel for the accused Parveez.
(j). Sh. Vipin Mihas, was examined as PW10, who deposed that he handed-over his passport to Ved Prakash for obtaining visa to go to Canada, Ved Prakash used to come at his village as he had already sent one or two persons to Greece. PW10 further deposed that first time, he met Ved Prakash at his village and he asked Ved Prakash for going abroad to which Ved Prakash told him that he can send him to Canada and for that he will charge Rs. 4 Lakhs. PW10 further deposed that in the year 2000, he handed over Rs.3 Lakhs to Ved Prakash at his house situated at Govind Puri, Delhi and one Mangat Ram who is his uncle was also involved in the negotiation with Ved Prakash. PW10 further deposed that Ved Prakash neither returned FIR No.146/2000 PS EOW State Vs. Satpal Singh & Ors. Page no. 12 of 34 CNR No. DLWT02-000087-2000 his money nor send him to Canada and his passport was recovered from possession of accused Satpal. PW10 further deposed that he can not say exactly who is accused Satpal but pointed out at the two persons standing behind him. PW10 was duly cross-examined by Ld. Counsel for the accused Satpal and cross-examination by accused Satpal was adopted by accused Parveez.
(k). Sh. Raj Kumar Mittal, was examined as PW11, who deposed that in the year 2000, he used to work near Satyam Cinema as a Travel Agent and accused Parvesh Kumar used to come to his shop, who was resident of Jalandhar, Punjab. PW11 further deposed that accused Parvez Kumar asked him one photocopy of his passport as he had to go to Bangkok for business purpose. PW11 further deposed that the officials from Crime Branch inquired from him about the photocopy and he handed-over his passport to the police which was seized by the police. PW11 further deposed that his passport was seized by the police vide seizure memo Ex. PW10/E and he got the said passport released to him on Superdari vide superdarinama Ex.PW12/A and copy of the passport is Ex. PW12/A and the relevant stamp is at Mark A (OSR). PW12 correctly identified the accused Parvez present in the Court. PW12 was duly cross-examined by Ld. Counsel for the accused Parvez Kumar.
(l). Retired SI Partap Singh, was examined as PW12, who deposed that on 02.05.2000, he was posted at FRRO, IGI Airport as Sub-
FIR No.146/2000 PS EOW State Vs. Satpal Singh & Ors. Page no. 13 of 34 CNR No. DLWT02-000087-2000 Inspector, on that day he produced one Embarkation card of Satpal Singh Flight No. AF-147 dated 03.02.2000 as Ex. PW13/B, one Embarkation Card of Gurjeet Kaur Flight No. AF-147 dated 03.02.2000 in original as Ex. PW13/C, lit of passengers (Manifest) of Flight No. AF-147 dated 03.02.2000 as Mark 13/D. PW12 further deposed that the IO seized the above said documents vide memo Ex.PW13/A. PW13 was not cross- examined by Ld. Counsel for the accused persons.
(m). SI Naresh Kumar, was examined as PW13, who deposed that on 06.03.2000, he was posted at ISC Crime Branch, Chanakyapuri, Delhi, on that day, he alongwith Inspector Rakesh Dikshit, SI Ramesh Sharma, ASI Ashok, Ct. Suresh and Ct. Ramesh went to Multan Nagar in a government vehicle no. DL-1CE-4836, when they were present opposite Aggarwal Sweets, Multan Nagar at about 9:00pm, one secret informer met Inspector Rakesh and informed that one person namely Parvez is working as travel agent and is involved in sending the people to foreign countries without proper documents, the secret informer had told the address of the accused as A-6/348 A, Paschim Vihar, secret informer also informed that accused is having the possession of many passports, the said information was passed to public persons who were present there but none agreed to join investigation, then Inspector Rakesh Dixshit formed a raiding party comprising the abovesaid person who were present at the spot, at around 09:15pm, they went to Paschim Vihar and made Nakabandi in front of Day Boarding Public School on main road, at around 09:25pm they noticed that FIR No.146/2000 PS EOW State Vs. Satpal Singh & Ors. Page no. 14 of 34 CNR No. DLWT02-000087-2000 one Silver Colour car bearing No. DL-2CL-6107 came from the Paschim Vihar side and the said car was signaled to stop, when the car was stopped they found that one person driving the car, he disclosed his name as Parvez Kumar, they also noticed one black colour hand bag was lying on the left side of the driver, they checked the said bag and found one T-shirt, pant, mobile phone charger, three pin holder, passport size photographs in an envelop of one lady and gents, 7 passports of different persons, six passports were issued from passport Authority Jalandhar and one passport was issued from Delhi, then the accused was interrogated about the possession of abovesaid passports and other materials, then the passports and case property were seized vide seizure memo Ex. PW10/A, the vehicle Maruti Car bearing no. DL-2CL-6107 was taken into police possession vide seizure memo Ex.PW10/B, the documents of the vehicle which were found in dash board of the car were seized vide seizure memo Ex.PW10/C, after that ASI Ranbir prepared a rukka and handed over the same to Ct. Suresh for registration of FIR, then Ct. Suresh went to PS Paschim Vihar and got registered the FIR and came back at the spot alongwith copy of FIR and original rukka, after that further investigation of the case was marked to SI Ramesh Sharma. PW13 further deposed that the accused Parvez was arrested by SI Ramesh Sharma vide memo Ex.PW14/A, the disclosure statement of accused Parvez was recorded vide memo Ex.PW14/B, in which accused disclosed that one co-accused namely Satpal is residing in Rashmi Apartment, Pitampura, after that all the members of raiding team alongwith accused Parvez went to Rashmi Apartment, however, he does not FIR No.146/2000 PS EOW State Vs. Satpal Singh & Ors. Page no. 15 of 34 CNR No. DLWT02-000087-2000 remember the exact flat number, the accused Satpal was found present at his house and he was apprehended and interrogated in the present case by IO, the accused Satpal disclosed that he is having one passport in the name of Gurjeet Kaur which is lying at his office, second Floor, Rama Market, Pitampura, after that they went at the office of Satpal situated at Second Floor, Rama Market, Pitampura, there the accused Satpal had produced one passport in the name of Gurjeet Kaur and some tickets which were taken into police possession vide seizure memo Ex.PW14/C,the accused Satpal was arrested vide memo Ex.PW14/D, after that they came back at the office of ISC Crime Branch, Chankyapuri, then the IO recorded his statement. PW13 correctly identified the accused persons present in the Court. PW13 correctly identified the case property i.e., one black colour bag make Accent International bearing Mud No.2922/00 as Ex.P7, one blue colour T- shirt as Ex.P1, one blue colour Jean pant as Ex.P2, one Charger mobile phone as Ex.P3, one three pin holder as Ex.P4, one polythene containing 8 passport size photographs alongwith negative of one lady as Ex.P5 and one envelop containing 8 photographs of male person as Ex.P6. The cross- examination of PW13 was deferred and the opportunity to cross-examine PW13 was closed vide order dated 20.07.2022.
(n). SI Kewal Kishan, was examined as PW14, who deposed that in the fourth month of 2000, the further investigation of the present case was marked to him, during investigation on 09.04.2000, he went to Punjab for the verification of three passports of 1) Ravinder Kumar S/o Sh. Kabul FIR No.146/2000 PS EOW State Vs. Satpal Singh & Ors. Page no. 16 of 34 CNR No. DLWT02-000087-2000 Chand R/o Village Khambra, Napodar Road, Jalandhar; 2) Sh. Gurvinder Singh S/o Sh. Gurcharan Singh R/o H. No. 188, Adarsh Nagar. Near District Court, Hoshiar Pur and 3) Vipin Kumar @ Vipa S/o Sh. Raghunath Singh R/o Village Pandori, PS Mukeria District Hoshiarpur, Punjab, all these three passports were found genuine and the passports were handed over to the passport holders to travel abroad. PW14 further deposed that Sh. Kabul Chand had told that he had handed over Rs. 50,000/- out of Rs. 3 Lakhs to the accused Parvez Kumar and he recorded his statement in this regard. PW13 further deposed that Sh. Vipin Kumar had also told him that he had handed over money with passport to the accused to travel abroad for job, he recorded statement of Vipin Kumar in this regard, then the further investigation was again marked to another official. PW15 was duly cross- examined by Ld. Counsels for accused Satpal and the cross-examination by accused persons.
(o). SI Suresh Chand, was examined as PW15, who deposed that on 06.03.2000, he was posted at ISC, Crime Branch as a Constable, on that day, he along with Inspector Rakesh Dixit, SI Ramesh Sharma, ASI Ranvir Singh, ASI Naresh Kumar, HC Naresh Kumar, Ct. Ramesh and Driver Ct. Rakesh Kumar were present opposite Aggarwal Sweets, Multan Nagar, then Inspector Rakesh Dixit received a secret information that one person namely Parvez who used to prepare forged and fabricated passports and also used to send the people abroad is present at Paschim Vihar at A-6/348 A, Paschim Vihar and may be apprehended with forged passports, then FIR No.146/2000 PS EOW State Vs. Satpal Singh & Ors. Page no. 17 of 34 CNR No. DLWT02-000087-2000 Inspector Rakesh Dixit had constituted a raiding team comprising the abovesaid persons, the raiding team was briefed about the raid and secret information, then the IO asked 4 to 5 persons to join the investigation but none obliged, after that they left the above said place at about 09:00pm and reached at Paschim Vihar at around 09:15pm in Government vehicle bearing last no. 4836, the complete number he does not remember, they made nakabandi near Day Boarding school, Paschim Vihar, at around 09:25pm, one white colour Maruti car bearing Regn. No. 6107 came from the side of Outer Ring road, the said Maruti car was stopped on the basis of secret information and one person whose name was disclosed as Parvez was found occupying the above said vehicle and they also found one bag on the left front side seat of the above said vehicle, then they opened the bag which was found containing one jean pant, one shirt, 8 passport size photos of ladies with negatives in the front pocket of the bag, 8 passport size photos of gent, 7 passports in the front pocket of the bag, one charger and one three pin holder they inquired about the passports but accused had not given a satisfactory reply about the possession of the passports, then the above said articles were taken into police possession vide seizure memo Ex.PW10/A, the documents of the vehicle were seized vide memo Ex.PW10/C, the Maruti car was also seized vide memo Ex.PW10/D, then the IO ASI Ranvir Singh prepared one tehrir and handed over the same to him for the registration of FIR, then he went to PS Paschim Vihar for the registration of FIR and got registered the same and came back at the spot along with copy of FIR and original rukka and handed over the same to FIR No.146/2000 PS EOW State Vs. Satpal Singh & Ors. Page no. 18 of 34 CNR No. DLWT02-000087-2000 second IO SI Ramesh Sharma, the accused was interrogated by the second IO SI Ramesh Sharma and second IO recorded the disclosure statement of the accused Ex.PW14/B, then the accused was arrested vide memo Ex.PW14/A and the case property was deposited in Malkhana. PW15 further deposed that on the basis of disclosure statement of accused Parvez they went to Rashmi Apartment, D-8. Pitampura, Delhi, where accused Satpal was found present and he was arrested on the disclosure statement of accused Parvez vide memo Ex. PW14/D, after that they went to Good Link Travel, Rana Market, Munirka in the search of the documents as told by the accused Satpal Singh, at the above said place, accused Satpal had produced one passport of Gurjit Kaur and three passports of Satpal same were seized vide memo Ex.PW14/C, after that, they came back to the office ISC, Crime Branch. PW15 further deposed that after that, they went with accused Parvez at the house of accused Parvez and accused Parvez had produced one bill Ex. PW16/B of Rs. 57,136/- which was seized vide memo Ex.PW16/A. PW15 further deposed that after that, they went to Impact Travel, Connaught Place as per the disclosure statement of accused Parvez, there the person who was present at the counter of the above said travel agency namely Rajiv Jay had produced two documents Ex. PW16/D and Ex. PW16/E, same were seized vide memo Ex. PW16/C. PW15 further deposed that on 09.03.2000, he along with SI Ramesh Sharma, Ct. Joginder and accused Parvez went to Rosy Enterprises, Jalandhar, Punjab, there accused Parvez had produced three passports and two other documents which were seized vide memo Ex.PW16/F. PW15 further deposed that on FIR No.146/2000 PS EOW State Vs. Satpal Singh & Ors. Page no. 19 of 34 CNR No. DLWT02-000087-2000 the same day, they came back to Delhi and IO recorded the supplementary disclosure statement of accused Parvez on 10.03.2000 Ex. PW16/G. PW15 correctly identified the accused present in the Court. The cross-examination of PW15 was deferred and the opportunity to cross-examine PW15 was closed vide order dated 20.07.2022, hence it can not be read against accused Parveez.
(p). Inspector Sammar Singh, was examined as PW16, who deposed that in the year 2000, he was posted at FRRO Post Line on reserve duty as Sub-Inspector, in the year 1997 to 1990, he performed duty as Clearance Officer at Immigration at IGI Airport and he was authorized to use stamp allotted to him on the passport according to arrival and departure duties, thereafter he was transferred from Immigration, IGI Airport to FRRO Lines, Safdarjung. PW16 further deposed that on 28.04.2000, he was present at his duty at FRRO Lines, Safdarjung, on that day, ASI Ranbir Singh came and met him and showed him one passport in the name of Gurjeet Kaur, on seeing the passport and arrival stamp and stamp with his name appended to passport, he stated to ASI Ranbir Singh that the said stamps have not been placed by him as the passport showed the date of 09.02.2000 whereas at that time, he was already transferred to FRRO Line, Safdarjung. PW16 further deposed that while leaving the immigration department before his transfer, he handed-over his immigration stamps (stamp having his name and arrival and departure stamp) to the Reader of AFRRO posted at Immigration IGI Airport and after that, no one could FIR No.146/2000 PS EOW State Vs. Satpal Singh & Ors. Page no. 20 of 34 CNR No. DLWT02-000087-2000 have used that stamp. PW16 was shown the passport of Gurjeet Kaur Ex. PW17/A attached to the judicial file in the Court, after seeing the same, PW16 stated that the arrival stamp on page no.4 of passport of Gurjeet Kaur, is fake as it shows the date as 09.02.2000 and the same has not been placed by him. PW17 was duly cross-examined by Ld. Counsel for the accused by accused Parvez but the further cross-examination of PW16 was deferred and subsequently closed vide order dated 20.07.2022.
(q). Inspector Ramesh Sharma, was examined as PW17, who deposed that on 06.03.2000, he was posted as Sub-Inspector, Inter State Cell Crime Branch, Chankaya Puri, on that day, he along with Inspector Rakesh Dikshit, ASI Ranbir Singh, ASI Naresh Kumar, HC Naresh Kumar, Ct. Suresh Chand and Ct. Ramesh along with driver Rakesh Kumar were present opposite Aggarwal Sweet, Multan Nagar when one secret information was received by Inspector Rakesh Dixit that one person namely Parvez who prepares forged and fabricated passport and runs a business of sending people to abroad with the same passport is present at Paschim Vihar at House no. A- 6/348A, Paschim Vihar and can be apprehended with the forged/illegal passports, if the said place is raided, the said information was supplied to the higher authority and on the instructions, Inspector Rakesh Dixit formed one raiding team consisting of above said officials, the public persons were also asked to join the raiding team but nobody agreed and left the spot without mentioning their names and addresses, then the whole team was briefed and was asked to follow the commands of FIR No.146/2000 PS EOW State Vs. Satpal Singh & Ors. Page no. 21 of 34 CNR No. DLWT02-000087-2000 Inspector Rakesh Dixit, then they left the above said place at about 09:00pm and reached at the provided address at about 09:15pm, there they made nakabandi near Day boarding school, Paschim Vihar, at around 09:25pm, one white colour maruti car no. DL-2CL-6107 was seen coming from the side of Outer Ring Road, on the basis of the secret information, the car was stopped and one person who was present in the car who disclosed his name as Parvez was found in possession of one bag which was placed on the left front seat of the vehicle, accused Parvez was asked to open the bag and on checking the same, the bag was found containing one jeans pants, T-shirt, eight passport sized photographs of a male and eight of female, seven passports and some other articles were also found after which he was asked about the possession of such passports with him, however he failed to give satisfactory answer for the possession and on suspicion, all such articles were taken into possession and seized vide seizure memo Ex.PW10/A, the maruti car along with ownership documents of the car were also seized vide memo Ex.PW10/C and Ex.PW10/D, then ASI Ranbir Singh prepared the rukka and handed over the same to Ct. Suresh for registration of FIR, Ct. Suresh after registration of FIR came back to the spot and handed over the original rukka and copy of FIR to him and the further investigation of case was marked to him, then he prepared the site plan of the spot Ex.PW18/A arrested the accused Parvez vide arrest memo Ex.PW14/A and personally searched vide memo Ex.PW18/B, then the accused was thoroughly interrogated and during interrogation, he disclosed his involvement in the commission of the present offence along with his FIR No.146/2000 PS EOW State Vs. Satpal Singh & Ors. Page no. 22 of 34 CNR No. DLWT02-000087-2000 other associates namely Satpal Singh and his disclosure statement Ex. PW14/B was recorded and the seized case property was deposited in the maalkhana of PS Paschim Vihar. PW17 further deposed that on 07.03.2000, accused Parvez took them to the house of the other accused Satpal which was located at D-8, Rashmi Apartment, Harsh Vihar, Pitam Pura, accused Satpal was found available in the said house where he was identified by accused Parvez, then accused Satpal was interrogated in which he made disclosure about his involvement in the commission of the offence and he was arrested vide memo Ex.PW14/D, his disclosure statement Ex.PW18/C was recorded and the articles found in the personal search of accused Satpal were deposited in the maalkhana of PS Paschim Vihar, then the personal search memo of accused Satpal Ex. PW18/D was prepared. PW17 further deposed that during the course of investigation, accused Satpal, took them to his office located at Second Floor, Rama Market, Munrika, from where they recovered one passport of one lady in the name of Gurjeet Kaur whom accused had dropped to Germany, accused Satpal also got recovered three copies including the original one of his passport and all the recovered passports were seized vide memo Ex.PW14/C. PW17 further deposed that during the course of investigation, one bill of traveling ticket Ex. PW16/B was also recovered from above address of accused Parvez which was seized vide memo Ex.PW16/A. PW17 further deposed that the accused Parvez took them to the office of one Rajiv Jai, who also traveled with accused Parvez to Frankfurt, Germany and from the possession of Rajiv Jai, one invoice of Impact Travel India, reflecting the refund on the ticket of Gurjeet FIR No.146/2000 PS EOW State Vs. Satpal Singh & Ors. Page no. 23 of 34 CNR No. DLWT02-000087-2000 Kaur Ex. PW16/D and Ex. PW16/E was recovered which were seized vide seizure memo Ex.PW16/C. PW17 correctly identified the accused persons present in Court. PW17 further deposed that on 08.03.2000 accused Satpal took them to his office located at Munirka, upon reaching there, accused Satpal got recovered one invoice and receipt regarding tickets to Germany Mark A and Mark B which were seized vide memo Ex. PW7/A. PW17 further deposed that on the same day, accused Satpal took them to the office of D. Paul's Travel located at Malviya Nagar, from there, they seized original bill in the name of Gurjeet Kaur Ex. PW6/C and xerox copy of air tickets and xerox copy of passport of Satpal and Gurjeet Kaur Ex. PW18/A which were seized vide memo Ex. PW6/B. PW17 further deposed that on 09.03.2000 they took accused Parvez to Jalandhar, Punjab where his office was located in the name & style of 'Rosy Enterprises', from there, they collected documents i.e. letter pertaining to visa of accused Parvez and his friend Rajiv Jai and three passports and a letter for booking confirmation which were seized vide seizure memo Ex. PW16/F. PW17 was shown one tourist visa letter dated 20.08.1999 written by Rajiv Jai from judicial record, after seeing the same, he correctly identified the letter as having been seized vide seizure memo already Ex.PW16/F and proved the said letter as Ex. PW-18/B. PW17 further deposed that thereafter he moved an application before Passport Office, Jalandhar for verification of recovered passports Ex. PW18/C (carbon copy) and the reply of the passport office Ex. PW3/C and Ex. PW3/A1 was received by him, vide which the passports were found to be genuine. PW17 further deposed that then he moved an application before FIR No.146/2000 PS EOW State Vs. Satpal Singh & Ors. Page no. 24 of 34 CNR No. DLWT02-000087-2000 Passport Office, Jalandhar for verification of passport of Smt. Gurjeet Kaur, Mark PW18/D( carbon copy) and the reply of the said letter was received vide Ex. PW3/D, then they returned back to Delhi. PW17 further deposed that he recorded supplementary disclosure statement of accused Parvez Ex. PW16/G in which he disclosed that as to how he got the immigration stamp of arrival on the passport of Gurjeet Kaur, then he recovered the impression of seal used on the passport of Gurjeet Kaur and seizure memo of the same also contained in the passport of Raj Kumar Mittal Ex.PW10/E. PW17 further deposed that he had recorded statement of Raj Kumar and collected the list of passengers from Immigration Department, the said letter is Ex. PW1/A, and the reply in this regard was received vide letter Ex.PW1/B. PW17 further deposed that he also got a letter written to High Commission of UK for intimation regarding false information submitted by Satpal Singh which is Ex.PW18/E and The High Commission provided them documents pertaining to entry clearance and visa application Mark PW18/E1 (colly). PW17 further deposed that he also wrote a letter to Austrian High Commission in regard to documents pertaining to accused Satpal Singh Ex.PW18/F and the documents submitted in this regard by Austrian High Commission are Mark PW18/F1. PW17 further deposed that he also got the marriage certificate provided by accused Satpal Singh to the High Commission of Austria verified by Arya Samaj, Mandir Marg and the reply in this regard is Ex.PW18/G. PW17 further deposed that he had also collected list of passengers from the concerned airlines Mark PW13/D, as per the said list, accused Satpal and Gurjeet Kaur had gone by the said FIR No.146/2000 PS EOW State Vs. Satpal Singh & Ors. Page no. 25 of 34 CNR No. DLWT02-000087-2000 flight and the name of Gurjeet Kaur and accused Satpal appears in the said list. PW17 further deposed that he got collected the CDR of accused Satpal Mark PW18/H2, the letter written in this regard is Ex.PW18/H1, as per the CDR, accused was in contact with certain numbers of Germany. PW17 further deposed that he moved an application U/s 15 of Passport Act for sanction, the sanction order was also received vide Ex.PW18/11 and he recorded the statement of witnesses and prepared the charge-sheet and filed the same before the court, he had also filed the supplementary charge-sheet after obtaining the sanction order. The cross-examination of PW17 was deferred and subsequently closed vide order dated 20.07.2022.
5. Thereafter, prosecution evidence was closed vide order dated 20.07.2022 and opportunity to cross-examination remaining PWs was closed and matter was listed for recording statement of accused persons u/s 313 Cr.P.C. In examination recorded under Section 313 Cr.P.C r/w Section 281 Cr.P.C, accused Parveez denied the entire evidence put to him and opted not to lead DE.
6. In have heard the rival contention of the parties and have perused the records carefully.
BRIEF REASONS FOR DECISION:-
7. The case of prosecution against the accused Parvez is that he entered into a criminal conspiracy with the co-accused Satpal Singh (since FIR No.146/2000 PS EOW State Vs. Satpal Singh & Ors. Page no. 26 of 34 CNR No. DLWT02-000087-2000 deceased) and obtained VISA of one lady Ms. Gurjeet Kaur d/o Sh. Labh Singh after forging a marriage certificate between her and co-accused Satpal Singh (since deceased) and sent her to Austria and thereafter forged the false immigration stamps to show that the said lady came back to India whereas she was left at Austria.
8. Before discerning the evidence against the accused led by the prosecution, it would be pertinent to understand the essential ingredients of legal provisions of Section 120-B IPC, 420 IPC and 12 of Passport Act.
1. The essential ingredients of section 120B IPC are as under:
i). an agreement between two or more persons;
ii). an agreement should be to do or cause to be done some illegal act or some act which is not illegal, by illegal means, provided that where the agreement is other than one to commit an offence, the prosecution must further prove;
(iii) that some act besides the agreement was done by or more of the parties in pursuance of it.
It has been held by Hon'ble Supreme Court of India in Suresh Chandra Bahri Vs. State of Bihar 1995 Supp. (1) SCC 80;
"Criminal conspiracy differs from other offences in that mere agreement is made an offence even if no step is taken to carry out that agreement. Though there is close association of conspiracy with incitement and abetment the substantive offence of criminal conspiracy is somewhat wider in amplitude than abetment by conspiracy as contemplated by Section FIR No.146/2000 PS EOW State Vs. Satpal Singh & Ors. Page no. 27 of 34 CNR No. DLWT02-000087-2000 107 IPC. A conspiracy from its very nature is generally hatched in secret. It is, therefore, extremely rare that direct evidence in proof of conspiracy can be forthcoming from wholly disinterested quarters or from utter strangers. But, like other offences, criminal conspiracy can be proved by circumstantial evidence. Indeed, in most cases proof of conspiracy is largely inferential though the inference must be founded on solid facts. Surrounding circumstances and antecedent and subsequent conduct, among other factors, constitute relevant material. In fact because of the difficulties in having direct evidence of criminal conspiracy, once reasonable ground is shown for believing that two or more persons have conspired to commit an offence then anything done by anyone of them in reference to their common intention after the same is entertained becomes, according to the law of evidence, relevant for proving both conspiracy and the offences committed pursuant thereto."
2. Section 420 IPC defines Cheating and dishonestly inducing delivery of property - whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine."
FIR No.146/2000 PS EOW State Vs. Satpal Singh & Ors. Page no. 28 of 34 CNR No. DLWT02-000087-2000 In order to bring home the guilt of accused persons under Section 420 IPC, the prosecution is required to prove the following facts beyond reasonable doubts :
(i) That the accused cheated another person.
(ii) That he thereby induced:-
(a) delivery of property to any person which property did not belong to the accused, or
(b) to make, alter or destroy the whole or any part of a valuable security, or
(c) anything which is signed or sealed and capable of being converted into a valuable security.
(iii) That he did so dishonestly.
3. Further the accused Parvez has been charged with the offence under Section 12 of Passport Act. It is alleged against the accused Parvez Kumar had affixed fake immigration stamp dated 09.02.20000 on the passport of Ms. Gurjeet Kaur to show that she came back to India from Austria, however, she remained at Austria.
"Section 12 Passport Act: provides penalties for contravention of provisions of the Passport Act."
9. It is pertinent to mention herein that there is no iota of evidence produced against accused Parvez Kumar linking him with the offence alleged in the present case. First and foremost, from a perusal of the FIR No.146/2000 PS EOW State Vs. Satpal Singh & Ors. Page no. 29 of 34 CNR No. DLWT02-000087-2000 alleged forged marriage certificate between accused Satpal Singh (since deceased) and Gurjeet Kaur, Mark X it is revealed that the accused Parvez Kumar is neither a signatory nor a witness in the alleged marriage certificate between co-accused Satpal Singh (since deceased) and Ms. Gurjeet Kaur. It is further observed that the passport of Ms. Gurjeet Kaur was allegedly recovered from co-accused Satpal Singh (since deceased). Nothing has been placed on record by the prosecution to suggest/ prove that accused Parvez Kumar criminally conspired with co-accused Satpal Singh (since deceased) to provide Visa to Smt. Gurjeet Kaur on the basis of forged marriage certificate.It is further alleged that the accused Parvez Kumar had got forged immigration stamps on passport of Ms. Gurjeet kaur, however, nothing has been placed on record in support of the said allegation. It is further observed that the alleged false immigration stamp has been recovered in the present case. Further from the testimony of prosecution witnesses, it is revealed that some seven passports were recovered from the possession of accused Parvez Kumar, however the said recovery is doubtful in view of the following legal pronouncements:
i). In case law reported as "Anoop Joshi Vs. State" 1992(2) C.C. Cases 314(HC), Hon'ble High Court of Delhi had observed as under:
"18. It is repeatedly laid down by this Court in such cases it should be shown by the police that sincere efforts have been made to join independent witnesses. In the present case, it is evidence that no such sincere efforts have been made, particularly when we find that shops were FIR No.146/2000 PS EOW State Vs. Satpal Singh & Ors. Page no. 30 of 34 CNR No. DLWT02-000087-2000 open and one or two shopkeepers could have been persuaded to join the raiding party to witness the recovery being made from the appellant. In case any of the shopkeepers had declined to join the raiding party, the police could have later on taken legal action against such shopkeepers because they could not have escaped the rigours of law while declining to perform their legal duty to assist the police in investigation as a citizen, which is an offence under the IPC".
ii). In a case law reported as Roop Chand Vs. State of Haryana 1999 (1) C.L.R. 69, it was held as under:
"3. I have heard the learned counsel for the parties and gone through the evidence with their help. The recovery of illicit liquor was effected from the possession of the petitioner during noon time and it is in the evidence of the prosecution witnesses that some witnesses form the public were available and they were asked to join the investigation. The explanation furnished by the prosecution is that the independent witnesses were asked to join the investigation but they refused to do so on the ground that their joining will result into enmity between them and the petitioner".
"4. It is well settled principle of the law that the Investigating Agency 19.01.2013 should join independent witnesses at the time of recovery of contraband articles, if FIR No.146/2000 PS EOW State Vs. Satpal Singh & Ors. Page no. 31 of 34 CNR No. DLWT02-000087-2000 they are available and their failure to do so in such a situation casts a shadow of doubt on the prosecution case. In the present case also admittedly the independent witnesses were available at the time of recovery but they refused to associate themselves in the investigation. This explanation does not inspire confidence because the police officials who are the only witnesses examined in the case have not given the names and addresses of the persons contacted to join it is a very common excuse that the witnesses from the public refused to join the investigation. A police officer conducting investigation of a crime is entitled to ask anybody to join the investigation and on refusal by a person from the public the Investigating Officer can take action against such a person under the law. Had it been a fact that the witnesses from the public had refused to join the investigation, the Investigating Officer must have proceeded against them under the relevant provisions of law. The failure to do so by the police officer is suggestive of the fact that the explanation for non-joining the witnesses from the public is an after thought and is not worthy of credence. All these facts taken together make the prosecution case highly doubtful".
FIR No.146/2000 PS EOW State Vs. Satpal Singh & Ors. Page no. 32 of 34 CNR No. DLWT02-000087-2000
10. Admittedly, in the present case no public witness was joined by the IO at the time of seizure of alleged passports from accused Parvez Kumar, casting a doubt on the alleged recovery.
11. Subsequently, from the testimonies of PW3 and PW15, it is clarified that the passports allegedly to have been recovered from the possession of accused Parvez are genuine one.
12. The prosecution has failed to show any conspiracy entered into between accused Parvez Kumar and co-accused Satpal Singh (since deceased). Nothing has been placed on record by the prosecution or has been brought out to link the involvement of the accused with the alleged crime. No covert or overt act has been attributed to the accused by the prosecution w.r.t. committed cheating and forging immigration stamps of passport of Ms. Gurjeet kaur. Thus, it can be safely stated that the prosecution has been unable to prove its case against the accused Parvez Kumar beyond reasonable doubt.
13. The prosecution has thus miserably failed to prove the allegations of cheating and forging immigration stamps of passport of Ms. Gurjeet Kaur against the accused Parvez Kumar.
14. In the present case, the prosecution has miserably failed to prove the guilt of the accused persons beyond reasonable doubt, hence the FIR No.146/2000 PS EOW State Vs. Satpal Singh & Ors. Page no. 33 of 34 CNR No. DLWT02-000087-2000 accused are acquitted of the offences under Section U/s 420/120-B IPC and 12 of Passport Act.
15. File be consigned to record room.
Digitally signed by SONAM SONAM GUPTA GUPTA Date: 2024.06.04 15:23:55 +0530 Announced in the open court (SONAM GUPTA) on 24.05.2024 Chief Metropolitan Magistrate, West District, Tis Hazari Courts, Delhi.
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