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IN THE COURT OF SESSIONS FOR GREATER BOMBAY
SESSIONS CASE NO.339 OF 2007
The State (CBI) ..Complainant(CBI Case RC CY 1 2004 E 0006EOUIX dated 29.9.2004)(CC No.115/CPW/06)
vs.
Abdul Karim Ladsab Telgi )..Accused
CORAM : H.H.THE SPECIAL JUDGE SMT. CHITRA K. BHEDIDATE : 4TH JULY 2009. (COURT ROOM NO.49)
SPP Gharat for the State.Adv. Koshe for the accused.
ORAL JUDGMENT
1 The accused Abdul Karim Ladsab Telgi stands charged of
the offence punishable u/s 420, 465, 466, 468, 471 of the IPC and
u/s 13(1) (b) of the Passport Act.
2 The prosecution case in nut shell is that,
CBI, ACB has registered case No.CBI/EOUIX Branch,
New Delhi on 29.9.2004 u/s 120B r/w 420, 467, 471 of the IPC
and Section 12(1)(b) of the Passport Act, 1967, against Abdul Karim
2
Ladsab Telgi @ Shaikh Abdul Karim Ladsaheb and other unknown
officials of the concerned departments on the basis of source
information to the effect that Passport bearing No.A068020 dated
17.10.90 was issued by Regional Passport Office, Mumbai in the
name of Abdul Karim Ladsab Telgi (DOB 16.8.59) by the Regional
Passport Office, Mumbai. As well as Passport bearing No. L 464765
dated 21.5.92 was also issued by the same office in favour of Abdul
Karim Ladsab Telgi, in lieu of passport bearing No. A 068020.
3 The accused Abdul Karim Telgi, who was in possession of
valid passport bearing No.L464765 dated 21.5.1992 , applied for
issuance of another fresh passport vide file No.B05373 dated
6.2.1996 at Regional Passport Office, Mumbai, in the name of
Shaikh Abdul Karim Ladsaheb (DOB 15.8.60), by concealing his
real identity and misrepresentation of facts.
4 The investigation revealed that while applying for fresh
passport vide file No.B05373 the accused had attached photocopy
of the School Leaving Certificate (GR No.0238/L.C.6674) of
Anjuman RiyazULIslam High School located at Two Tank,
Maulana Showkat Ali Road, Bombay – 8, in which date of birth of
Shaikh Abdul Karim Ladsaheb is mentioned as 15.8.60.
3
5 It was also revealed that the Passport authorities
received a Police report dated 9.7.96 in favour of Shaikh Abdul
Karim Ladsaheb from the Office of Deputy Commissioner of Police
& FRRO, Special BranchII, CID, Mumbai. While processing the
said application vide file bearing No.B05373 dated 6.2.96, the
Passport Issuing Authority remarked that, “the applicant should be
called with originals”. But the accused Abdul Karim Ladsab Telgi @
Shaikh Abdul Karim Ladsaheb did not turn up at Regional Passport
Office, Mumbai. Accordingly, the said application was closed
without issuing any passport.
6 During the course of investigation, it was revealed that
the said passport was obtained from S.B. Hire, Public Relation
Officer, Regional Passport Office, Ministry of External Affairs,
Mumbai, Maharashtra.
7 It is submitted that the Passport bearing No.A068020
dated 17.10.90 was valid upto 16.10.2000. And the accused has
mentioned his place of birth as Miraj (Maharashtra). However, in
the passport bearing No. L464765 dated 21.5.92 the accused has
shown his address as r/o A/2, Sona Apartments, Vile Coop Society,
Pipeline Road, Balkom, Thane, Maharashtra. This passport was
issued in lieu of passport bearing No.A068020 dated 17.10.90 ,
4
which was reported to be lost/stolen.
8 The second passport was applied through M/s. Ratna
International (Government of India Approved Travel Agents) located
at 34, Agiary Lane, Near Fort Market, Fort, Mumbai and accused
issued authority letter dated 2.1.92 in favour of M/s.Ratna
International. In the application the accused mentioned that his
passport alongwith suitcase was stolen at Bombay in November
1990. The accused attached original certificate dated 6.6.91 issued
by SI, Gamdevi Police Station, Mumbai, wherein the report about
lost of suitcase alongwith cash, clothes and documents.
9 During the investigation, it was revealed that, Regional
Passport Office, Bangalore, issued Passport bearing No.Q868831
dated 22.7.1981 in favour of Abdul Karim Ladsab Telgi (DOB
16.8.59) r/o House No.14/61, Vidya Nagar, Station Road,
Khanapur, Belgaum, Karnataka. However, while applying for
issuance of passport at Regional Passport Office, Mumbai dated
21.9.90, the accused suppressed the said fact that the passport
was issued by the Regional Passport Office, Banglore on 22.7.1981.
10 During the course of investigation, it transpired that
notice for revocation of passport bearing No.L464765 dated
5
21.5.92 u/s 10(3)(b) of the Passports Act, 1967 was issued on
21.6.2004 to the accused at 411, Mistry Chambers, Opposite
Strand Cinema, Colaba, Mumbai, by Regional Passport Office,
Mumbai. However, no reply was received from him and so both the
passports dated 17.10.90 and 21.5.92 were revoked.
11 It was also revealed that number of criminal cases were
registered against accused Abdul Karim Ladsab Telgi during 1993
to 1996 at General Branch, GB CB CID, Mumbai and accused AKL
Telgi concealed the information while applying for a passport in
Regional Passport Office, Mumbai, during 1996.
12 It was also revealed that the copy of ration card submitted
by accused while applying for a passport at Regional Passport
Office, Mumbai vide File No.B05373 dated 6.2.96 in the name of
Shaikh Abdul Karim Ladsaheb, is bogus and address given in the
ration card does not exist at all. As well as no school by name
Anjuman Riaz UI Islam School is located at Two Tanks, Maulana
Shaukat Ali Road, Mumbai. Therefore, FIR was registered against
the accused at CBI, EOU, New Delhi.
13 During the course of investigation, the Investigating
Officer collected all the relevant documents such as correspondence
6
by contacting concerned officers. He also collected information
regarding pending cases against the accused AKL Telgi during 1993
to 2003 and recorded statements of witnesses. After completion of
investigation, charge sheet was filed against the accused.
14 Charge (Ex.2) was framed against the accused. The
particulars of offence were read over to him in vernacular, to which
he denied the charges and claimed to be tried. The statement u/s
313(1)(b) of Cr.P.C. was recorded. In which, his defence was of total
denial and false implication.
15 The following points arise for my determination and I
record my findings on them, for the reasons to follow :
POINTS FINDINGS
1 Does the prosecution prove that IN THE POSITIVE. the accused, during the period between February 1996 and August 1996, at Mumbai, attempted to cheat the Passport Officer, Regional Passport Office, Mumbai, viz while moving an application for issuance of passport, made bogus representations and thereby committed offence punishable u/s 420 of the IPC ?
2 Does the prosecution prove that IN THE POSITIVE.
7
the accused above named, in or about February 1996, at Mumbai, forged photocopy of the school leaving certificate purportedly issued by Anjuman RiyazUI Islam High School, located at Two Tank, Maulana Shaukat Ali Road, Mumbai – 8, with intent to commit fraud as aforesaid, and thereby committed offence punishable u/s 465 of the IPC ?
3 Does the prosecution prove that IN THE POSITIVE. the accused above named, in or about February 1996, at Mumbai, forged copy of ration card bearing No.506941, showing his bogus address at Room No.248, Naidu Colony, Pant Nagar, Ghatkopar, Mumbai, in the year 1991, original of which was purported to be made by a public servant in his official capacity, and thereby committed offence punishable u/s 466 of the IPC ?
4 Does the prosecution prove that IN THE POSITIVE. the accused above named, in or about February 1996, at Mumbai, forged the documents such as photocopy of the school leaving certificate and copy of ration card, intending that the same shall be used for the purposes of cheating and thereby committed
8
offence punishable u/s 468 of the IPC ? 5 Does the prosecution prove that the IN THE POSITIVE. accused above named during the aforesaid period at Mumbai, fraudulently or dishonestly used as genuine the photocopy of School Leaving Certificate and copy of Ration card and presented the same before the Passport Officer, Regional Passport Office, Mumbai, in support of his application for issuance of passport, and thereby committed offence punishable u/s 471 of the IPC ?
6 Does the prosecution prove that IN THE POSITIVE. the accused above named, during the aforesaid period at Mumbai, in the manner aforesaid, knowingly furnished false information or suppressed material information with a view to obtain a passport under the Passport Act, and thereby committed offence punishable u/s 12(1)(b) of the Passport Act, 1967 ?
7 What Order ? AS PER FINAL ORDER.
R E A S O N S
16 To bring home guilt of the accused, 12 witnesses stepped
into the witness box. I have classified the witnesses, because some
9
witnesses have deposed about ration card, some about school
leaving certificate and some of the witnesses from Passport Office
have deposed about issuance of passport, and one witness is travel
agent.
17 It is to be noted that the accused has admitted almost all
the documents though he has crossexamined the witnesses.
Therefore, I find it proper to consider the evidence in that
perspective.
EVIDENCE ON RATION CARD
18 First I take the evidence in respect of submitting fake
ration card. On this point, the prosecution has examined PW 1
Suresh Salgaonkar, Rationing Inspector, PW 2 Mohan Meshram –
Assistant Rationing Officer, PW 3 Smt. Asha Joshi, Acting
Rationing Officer. As per the evidence of all these witnesses, their
office was functioning for the purpose of issuing ration card for the
residents of the locality at Pant Nagar, Naidu Colony, Samta Nagar,
Barrister Nath Pai Nagar, Vidyavihar, N.S. Road, Asalfa Village,
Sarvodaya Hospital and other areas.
19 PW 1 to PW 3 have deposed that CBI officers had came to
their office in April 2005 for the purpose of inquiry in respect of
10
ration card of Shaikh Abdul Karim Ladsab, resident of 248, Naidu
Colony, Pant Nagar, Ghatkopar(E), Mumbai. Accordingly, as per
direction of Rationing Officer PW 3 Smt. A.V. Joshi, PW 1
Salgaonkar and PW 2 Meshram verified record of the year 1991.
They could not find out the entry regarding the said name and
address. They conveyed it to Smt. Joshi, on which she directed
them to verify address by going to the spot.
20 Hence, both i.e. PW 1 and PW 2 went to the spot at 248,
Naidu Colony. However, no such address was found on the spot
verification. On inquiry they found that the building No.248 was
erected in Samta Nagar. They inquired of to one Smt. Mehta about
the residence of Shaikh Abdul Karim Ladsab and she told that she
was residing there since last 20 years, but she had not seen such
person as named. Accordingly, they prepared report and submitted
it to Smt. Joshi. After submission of their report, Smt. Joshi
prepared letter addressed to CBI dated 6.4.2005 which is at Ex.11.
21 During the crossexamination of all these witnesses by
the Ld. Counsel for the accused, it was brought on record that they
have not brought original record before the Court and they had no
concern with the said ration card. It was also suggested that the
said ration card was not in the jurisdiction of their office, and these
11
witnesses had not participated in personal verification of this card.
The prosecution witnesses admitted it. They never sent this ration
card for verification to any other office. PW 3 Mrs. Joshi, Assistant
Rationing Officer admitted that she never sent report that her office
had no concern with the said ration card, so it be sent to concerned
office having jurisdiction over the said ration card.
22 In fact the prosecution has also examined PW 4
Chandrakant Vengurlekar, who was working as Acting Rationing
Officer in the office at Dadar. He stated that in the jurisdiction of
their office, the areas Mahim, Matunga, Portuguese church upto
Prabhadevi and entire Dadar came. His duty was to issue ration
card after the inquiry. After seeing the xerox copy of ration card
(Ex.9), he stated that the said ration card does not come within
their jurisdiction.
23 During the crossexamination, PW 4 admitted that as the
said ration card did not come in their jurisdiction, they did not have
any record of the same.
24 However, after careful scrutiny of the report of the
rationing officer, I find that in the report (Ex.10A) there is clear
mention of the fact that both the rationing inspectors visited the
12
spot at 248, Naidu Colony, Pant Nagar, but they could not find the
said address. They inquired of with Smt. Rekha Mehta, resident of
Room No.6341 in building no.248, but she told that she was
residing there since last 20 years and no person by name Shaikh
Abdul Karim Ladsab was staying there. It was also mentioned that,
after inspection of the said ration card, there is mention of address
of Ghatkopar and the rationing shop is located in Dadar area. So,
they inquired of to Dadar office on telephone and they were
informed that in their Dadar office shop no.18d43 was not in
existence and they were also informed that in none of the rationing
shop card no.21345 was in existence. Therefore, they informed
the CBI that the said ration card was bogus.
25 In this respect, the Ld. SPP Mr. Gharat has vehemently
submitted that the prosecution has proved that the accused had
prepared bogus ration card for the purpose of applying for passport.
The prosecution evidence clearly shows that the ration card was
bogus. The address was also bogus. And so he had cheated by
doing the same.
26 On careful examination of the xerox copy of ration card
(admitted), I find that there is mention of name of Shaikh Abdul
Karim Ladsab, resident of Room No.248, Naidu Colony, Pant
13
Nagar, Ghatkopar, Mumbai 6. The number of family members is
shown by mathematical calculation as 2 + 2 = 6. The names of
members are shown as Abdul Karim self, Sahida Begum Wife,
Amin son and Altab – son. The number of ration card is shown as
18 C 43.
27 I lend my assurance on the evidence of PW 1, 2 and 3,
because they are working as rationing inspectors and officer. They
have categorically deposed about going to the spot. It appears that,
they inquired at Dadar Office and they were informed that the said
ration card was not at all in existence as per their record. The
accused has admitted all the documents. He, in fact pleaded guilty.
However, he pleaded guilty after recording evidence of most of the
witnesses. I find that, the oral evidence coupled with the
documentary evidence is sufficient to see that the ration card was a
bogus document and the accused used the same and cheated the
Passport Office while applying for issuance of passport. So I find it
proper to evaluate the evidence on record instead of accepting his
plea at this stage.
EVIDENCE ON FAKE LEAVING CERTIFICATE
14
28 Another limb of evidence is on the point of submitting
fake School Leaving Certificate. The prosecution has examined PW
5 Saeeda Mapari and PW 7 Basanti Roy, with a view to prove that
the accused has submitted fake school leaving certificate while
applying for the passport on 6.2.1996.
29 PW 5 Saeeda Mapari has deposed that in the year 2005
she was Head Mistress in Anjuman Islam Abdul Sattar Shauaib
School, Two Tank, Maulana Shaukat Ali Road, Mumbai8. She
jointed the school in the year 1976 as a teacher. She stated that
this school was established in the year 1944. Since 1970 this
school is located at Maulana Shaukat ali Road, Mumbai and the
name of the school was not changed since then.
30 PW 5 further deposed that in April 2005 CBI contacted
her in respect of one school leaving certificate, which was not of her
school. Because on the said school leaving certificate, name of the
school was mentioned as “Anjuman Riyazul Islam High School”.
She stated that no such school was located at Two Tank, Maulana
Shaukat Ali Road, Mumbai. So the xerox copy of school leaving
certificate was marked as x for identification.
31 During the course of crossexamination, PW 5 was grilled
15
over on the fact that she had not brought the school leaving register
for the year 1987 and CBI had not made inquiry in respect of the
person who was named in the school leaving certificate. She had
no personal knowledge about issuing school leaving certificates in
the year 1987.
32 PW 7 Basanti Roy deposed that she was Educational
Inspector, South Mumbai, in the year 2005. The jurisdiction of her
office is Mumbai City and all the secondary schools situated in
Mumbai City. She stated that there is no school by name
“Anjuman Riyazul Islam High School”, at Two Tank, Maulana
Shaukat ali Road, Byculla, Mumbai8. She stated that her office
made inquiry in this matter and examined the records of the lists of
school. They also spoke to the Principals of different schools
located in the same area. But no such school was in existence in
that area. So, she informed the said fact to the concerned officer by
letter dated 11.4.2005. There is no crossexamination to this
witness.
33 On this aspect, the Ld. SPP Mr.Gharat submitted that
the accused has submitted fake leaving certificate and prosecution
has proved the same. And I find substance in the submission of
the Ld. SPP. Because PW 5 Saeeda Mapari was Head Mistress of
16
the school and she is a responsible lady. PW 7 was also Education
Inspector and she was also a responsible lady. In absence of any
damaging crossexamination of both these witnesses, I think, their
evidence can be relied upon.
34 True that the prosecution has not filed on record original
school leaving certificate. But the prosecution case itself is that the
accused supplied xerox copy of the school leaving certificate to the
passport authority while applying for the passport and that School
leaving certificate itself is a fake document. And for fake document,
we cannot expect any original record. Therefore, even if PW 5
admitted that she had not brought the school leaving register, it
does not affect the tenor of her evidence. Because the record is
kept for issuing genuine documents. However, bogus document is
invention of the culprit mind and record is in fact concealed in the
mind of the culprit himself and not in the record room. Therefore, I
find the oral evidence of PW 5 and PW 7 is reliable to see that the
accused has submitted bogus School Leaving Certificate while
applying for passport.
35 About this fake School Leaving Certificate, the witnesses
examined by the prosecution are independent witnesses and their
evidence shows that the school leaving certificate is fake. In this
17
regard the prosecution has adduced evidence of PW 9 ACP Ashok
Durape, who was attached to Nagpada Police Station in the year
2005 as Sr. PI.. He inquired of about address of “Anjuman Riyazul
Islam High School” situated at Maulana Shaukat Ali Road, Two
Tanks, Mumbai – 8 and find that the said school was not in
existence. Accordingly, he sent reply to CBI. The reply was sent by
PI Ashok Patil (Admin.) which is at Ex.23. There is no cross
examination to this witness.
36 So, from the evidence of this witness also, it is crystal
clear that no such school by name “Anjuman Riyazul Islam High
School” was situated at Maulana Shaukat Ali Road, Two Tanks,
Mumbai – 8 between 1965 to 1987. Hence, the school leaving
certificate submitted by the accused while applying for passport, is
a bogus document. Thus, he committed offence of cheating and
preparing forged document and used it for the purpose of getting
passport.
EVIDENCE OF PASSPORT AUTHORITIES
37 Now I turn to the main aspect of this case. The accused
while furnishing application for fresh passport (vide file
No.B05373) dated 6.2.1996, submitted false information to the
Regional Passport Office, Mumbai. In this regard, I find that PW
18
11 Jagannath Ambre and PW 12 Shrichandra Hire are the prime
witnesses.
38 PW 11 Jagannath Ambre was attached to Nagpur
Passport Office from December 1994 to 1997 as Public Relation
Officer and grant of passport was his main job. He deposed that he
used to issue the passport on the basis of application and the
verification report from the police. He further deposed that after
receipt of police report the passport application came to him for
granting. If the passport is lost or damaged the passport holder will
have to apply for the duplicate passport giving earlier details.
39 PW 11 further stated that he received the passport
application form of accused Telgi and he received incomplete report
from the police. So he made endorsement as “I/R. Call applicant
with originals.” However, the applicant had not given any response.
The originals never came to him as per his remark. Thereafter, he
received clear report from the police. After receipt of the clear
police report, he ordered “Issue another letter for same query”.
However, there was no response from the applicant and the matter
was pending. Then, he was transferred to Ahmedabad. The
application for issuing fresh passport is marked as Ex.28.
19
40 During the crossexamination of this witness, he admitted
that the said application was not submitted in the name of Abdul
Karim Ladsab Telgi, but it was submitted in the name of Shaikh
Abdul Ladsab. He stated that the application (Ex.28) of accused
came directly to their office. He admitted possibility of using
photograph of accused AKL Telgi by somebody, but in the name of
Shaikh Abdul Ladsab Telgi. He identified photograph of accused
Telgi as per media information he received.
41 It is to be noted that the accused AKL Telgi in his
statement u/s 313(1)(b) of the Cr.P.C. has stated that he had only
given photograph to Ratna International for obtaining passport. In
view of this admission, it is difficult to say that photograph of
accused AKL Telgi, which is an admitted fact, was used by
somebody and the form was filled up with another name.
42 Moreover, it appears from the evidence of PW 11
Jagannath Ambre that along with the application (Ex.28) the
accused had not supplied original documents. And therefore
originals were called by the PW 11 as Public Relation Officer. But
the originals never came to him during his tenure.
43 In my view, the evidence of PW 12 Shrichandra Hire is
20
also very vital. Because he worked in the Passport Office since 1989
to 2008 intervally in different sections like Index Section, Passport
Writing Section, Billing Assistant Section, Public Relations and
Police Section. He has deposed about the procedure of issuing
passport. According to him, when the application for passport is
submitted to the Regional Passport Office, file number used to be
allotted to that application. A personal particular form used to be
sent to police department for verification. Then the file used to be
sent to Index Section for screening. In this Section it was verified,
whether the other passport was already issued to the applicant or
whether there is adverse remark made against the applicant for
issuance of passport. The name of the applicant, name of father,
mother and wife of applicant, date of birth, address were verified.
The photographs used to be attached to the application and one
photograph used to be sent to the police for verification. If the
police verification report is clear the passport used to be issued. If
the adverse police verification report is there, then the applicant is
called along with the documents.
44 PW 12 Shrichandra Hire proved the letter issued to CBI
dated 12.10.2004 as per Ex.30. He submitted that as per this, the
application was filed in the year 1990, and accused AKL Telgi got
the passport and he signed the same. So the index card is marked
21
as Ex.31. Moreover, PW 12 has also deposed that as per this
application, the applicant applied for duplicate passport in the year
1992 for loss of passport issued to him in 1990 and on verification
of this application except change of address everything was same.
The said application is marked as Ex.32. The Loss of passport
circular was shown to PW 12 and as per this circular Passport No.
A068020 dated 17.10.90 was reported lost in 1992 and duplicate
passport was issued as per passport No.L464765 dated 21.5.1992.
45 PW 12 further testified that Karnataka Government has
sent a letter to their office that this applicant was already issued a
passport No.Q868831 dated 22.7.1981 from the Regional Passport
Office, Bangalore. The applicant has suppressed the fact of holding
passport issued by Regional Passport Office, Bangalore while
applying for passport in 1990. So, he issued notice to him on
21.6.2004 u/s 10(3)(b) of the Passport Act, which bears his
signature. The notice is at Ex.34. PW 12 stated that the applicant
never replied to the notice.
46 Then PW 12 during his testimony proved the letter dated
23.6.2004 addressed to Under Secretary, PV1 Section, Ministry of
External Affairs, Patiala House, Tilak Marg, New Delhi, at Ex.35,
prior approval category circular at Ex.36 and second notice dated
22
14.7.2004 issued to applicant AKL Telgi to enable him to file appeal
against this order (Ex.36) and the notice is at Ex.37.
47 PW 12 further stated that in the year 1996 applicant Telgi
again applied for passport by changing his name, his mother's
name, his wife's name, his date of birth and his address. He
applied in the name of Shaikh Abdul Karim Ladsaheb. Name of
father was shown as Mohammed and name of mother was shown
as Sharifabi Mohammed. Name of wife was shown as Shahida
Begum. PW 12 deposed that they received the interim report from
police that the applicant had not given original documents. So they
called the originals and the applicants did not turn up. Hence,
without issuing the passport they closed the file.
48 PW 12 Hire further deposed that passport no.L464765
dated 21.5.1992 was issued by their office, which is at Ex.38. He
stated that there is observation on page no.4 of this passport that,
'The holder previously hold the passport No.A068020 dated
17.10.1990 issued by Bombay, which has been reported lost'. On
4.10.2004 he sent certified copies of passport register to CBI
alongwith forwarding letter dated 4.10.2004, as per Ex.39A colly.
49 At the time of crossexamination of this witness, the Ld.
23
SPP Mr. Gharat submitted that Adv. Koshe for the accused
informed him that as the accused had already sent application for
pleading guilty, he is not going to crossexamine the witness.
Hence, the evidence of PW 12 remain unchallenged. Resultantly,
from the evidence of PW 12 Hire and PW 11 Ambre it is crystal clear
that the accused Telgi applied for passport by submitting bogus
documents.
50 The prosecution has adduced evidence of PW 6 Umesh
Shetty, working as Travel Agent, having his business in the name of
Ratna International at 33/35, First floor, Raghunath Dadaji Street,
Fort, Mumbai.
51 PW 6 Shetty stated that he got the license from the
External Affairs Ministry for authorizing, collecting and submitting
the documents for the purpose of issuance of passport at Regional
Passport Office, Thane. He was shown forwarding letter dated
3.1.1992 alongwith enclosures i.e. i) letter of authority, ii) affidavit
dated 29.10.91, iii) Passport application form bearing No.147079,
iv) photocopy of passport bearing No.A068020 and v) Original
index card of AKL Telgi.
52 PW 6 stated that the forwarding letter bears his
signature, letter of authority bears his signature as well as
24
signature of the customer, affidavit bears signature of customer.
The forwarding letter is at Ex.17 and enclosures are at Ex.17A to
17E. PW 6 stated that these documents were given by the person
named Abdul Karim Ladsab Telgi and he had been to their office, so
he can identify the person from his photograph. PW 6 stated that
the application was submitted for duplicate passport and
mistakenly he had made endorsement on the xerox copy of
passport. Since the record was destroyed by the termites, he could
not produce the original passport register to CBI Officer. He stated
that one of his representative collected the passport from passport
office and delivered to the customer Telgi.
53 During the crossexamination, PW 6 Shetty admitted that
it is not possible to remember each and every customer visiting to
his office and as he has not brought the register,, it is difficult to
identify the customer who handed over the documents. PW 6
further admitted that on the forwarding letter there is no stamp of
their office as Ratna International and letter Ex.17 is a xerox copy.
PW 6 further stated that there is no stamp of his office on none of
the photograph. It was suggested that AKL Telgi was not his
customer and he affixed the stamps on the documents at the
behest of CBI. It was also suggested that those documents were
not produced and he had no any document to show that his record
was destroyed.
25
54 The Ld. SPP Mr. Gharat submitted that PW 6 Shetty has
proved the prosecution case and defence could not rebut his
evidence. PW 6 identified photograph of accused Telgi and proved
the fact that accused himself submitted documents alongwith the
application. Therefore, the prosecution has proved its case against
the accused.
55 On perusal of these documents as per Ex.17 and Ex.17A
to E, I find that Ex.17 is letter on the letterhead of Ratna
International and there is signature of Partner/Managing Director/
Proprietor of the Ratna International. In the said letter there is
clear mention of submission of application with the documents, for
processing in the office of passport. The documents are mentioned
as 1) photo 8 (2) Letter of authority, (3) Lost report attached, (4)
Affidavit. The letter of authority (Ex.17A) shows signature of
accused AKL Telgi at two places. And as per report of Government
Examiner, these signatures were of accused AKL Telgi only. So
letter of authority clearly shows that the accused AKL Telgi
processed his application through Ratna International and Ratna
International collected passport and the accused had given
authority to Ratna International for collecting the passport.
26
56 Moreover, the affidavit (Ex.17B) also bears signatures of
accused AKL Telgi. This signature was also examined by the
Government Examiner and admitted by the accused. The lost
report was also attached and on this report there is photograph of
accused Telgi. This report also bears signature of accused Telgi.
The xerox copy of passport bearing No. A 068020 of accused is also
annexed. There is also index card which also bears signature of
accused Telgi. So, all these documents, except on Ex.17D, bear
signature of accused.
57 On Ex.17D i.e. xerox copy of passport bearing No. A068020
there is endorsement as original seen and returned. As per evidence
of PW 6 Shetty, he had not seen originals and mistakenly he had
given endorsement as 'original seen and returned'. However, I
find that this was negligence on the part of Ratna International.
But still the subsequent conduct of accused AKL Telgi of not
producing original documents to passport authority when they were
called, itself shows that, the originals were not at all available and
the accused got prepared these documents.
58 It appears from these documents that Ratna International
processed the form of accused and took duplicate passport on
behalf accused AKL Telgi on the basis of these documents.
27
59 In fact, for the purpose of processing application itself
false name i.e. Shaikh Abdul Karim Ladsab was used. The
photograph affixed is that of accused AKL Telgi. There is no denial
on this aspect. The accused AKL Telgi admitted this fact that he
handed over photographs to Ratna International. Now Ratna
International identified the accused as AKL Telgi and the form was
processed in the name of Shaikh Abdul Karim Ladsab. So this is
also one of the serious aspect to be dealt with. And there is nothing
on record to see what the investigating agency had done against
Ratna International, about making such false endorsement and
processing false form.
60 Then the third limb is also very much important, which
got corroboration from the evidence of PW 8 Sr. PI Sadashiv Patil.
The evidence of PW 8 shows that when accused AKL Telgi applied
for passport, that time number of criminal cases were registered
against him. PW 8 has given detail account of the same. He
deposed that in the year 2005 he was working as Sr. PI in MRA
Marg Police Station. By letter dated 15.3.2005 , CBI requested him
to supply certified copies of Crime No.524/91, 353/95, 55/95
registered at MRA Marg Police Station. But the copies of these CRs
were not available in the police station as they were transferred to
DCB CID for further investigation. Accordingly, he sent reply to the
28
CBI as per Ex.21A along with three annexures giving details of the
cases.
61 There is no crossexamination to this witness as it was
declined.
62 The prosecution has also adduced evidence of PW 10 PI
Pramod Khade who has deposed about investigation in Crime No.
41/905. He stated that in response to the letter of CBI, he handed
over copy of FIR and charge sheet to CBI Officer PI Bassi under
handing over and taking over memo dated 10.4.2005 which is at
Ex.26. There is no crossexamination to this witness also.
63 I have carefully scrutinized the handing over and taking
over memo (Ex.26) and charge sheet. It appears from the charge
sheet of CR No.41/95 that this crime was registered at GB CB CID
on the complaint of Shri Radheshyam Mopalwar against accused
Santosh Sankpal. And during the investigation, name of accused
AKL Telgi was revealed. So, registration of this FIR itself shows
that when accused AKL Telgi applied for passport in the year 1996,
criminal case was registered against him.
64 PW 11 Ambre had shown suspicion about the report and
29
accordingly, he had called the applicant with originals. He deposed
that he received the the clear report from the police. Still he had
responsibility of verification being the competent authority and
therefore he ordered for 'issue another letter for same query'.
However, there was no response from the applicant. Thereafter,
the matter was pending and he was transferred to Ahmedabad.
65 So on 2.2.1996 the accused applied for passport. Actually
in the said application form (Ex.28) there is clause at No.15. As per
this clause, information u/s 6 of the Passport Act, 1967 was
required to be given. And the applicant had shown that, no
criminal case/proceeding was pending against him. However, when
he filled up the said form, that time number of criminal cases were
pending against him and detail account of the same can be seen
from the evidence of PW 8 Sr. PI Patil.
66 The report (Ex.21A) addressed to the I.O. Ajay Kumar
Bassi by the Sr. Inspector of Police, MRA Marg police station shows
that at MRA Marg Police Station Crime Nos.524/91, 353/95 and
355/95 were registered and these crimes were transferred to Crime
Branch, CID, Mumbai for further investigation. So, on the date of
applying for passport i.e. on 2.2.1996 not only a single crime, as
CR No. 41/95, but all these crimes were also registered and
30
pending against the accused. And the accused has suppressed the
said information from the competent authority.
67 In this regard it is very much necessary to see, whether
the accused is liable for the offence u/s 12 of the Passport Act.
Section 12 of the Passport Act runs as follows :
12 Offences and penalties – (1) Whoever
(a ) contravenes the provisions of section 3; or(b ) knowingly furnishes any false information or suppresses any material information with a view to obtaining a passport or travel document under this Act or without lawful authority alters or attempts to alter or causes to alter the entries made in a passport or travel document; or(c ) fails to produce for inspection his passport or travel document (whether issued under this Act or not) when called upon to do so by the prescribed authority; or(d ) knowingly uses a passport or travel document issued to another person; or(e ) knowingly allows another person to use a passport or travel document issued to him, shall be punishable with imprisonment for a term which may extend to [two years or with fine which may extend to five thousand rupees] or
31
with both.
68 In the present case, it is crystal clear from the application
(Ex.28) itself that the accused had supplied totally false
information. He applied in the false name as Shaikh Abdul Karim
Ladsaheb. He had given name of father as Mohammed, name of
mother as Sharifabi Mohammed and name of wife as Shahida
Begum. He had also given false date of birth as 15.8.1960 and
address as Room No.248, Naidu Colony, Pant Nagar, Ghatkopar(W),
Mumbai – 86. All this information was found false and bogus.
69 The prosecution has adduced evidence in respect of all
these facets and proved that the accused had supplied false
information to the competent authority. He has also suppressed
that Regional Passport Office, Bangalore issued him Passport in the
year 1981 and he applied four times in the year 1996 in the fake
name and suppressed the information and failed to submit original
documents. He is also liable for filling up false information about
criminal cases. His passport was revoked in the year 2004. He
failed to respond to notice, failed to file appeal.
70 In view of all these facts, the accused is also liable for
punishment under the Passport Act. For the purpose of applying
32
for passport, he cheated the Passport office and he used forged
documents to submit to public office for obtaining passport. So, he
is also liable for the offences u/s 420, 466, 468, 471 of the IPC.
Accordingly, I hold the accused guilty for all these offences and stop
the Judgment here to hear the accused on the point of quantum of
sentence.
(CHITRA K. BHEDI) 4.7.2009 SPECIAL JUDGE FOR CBI
71 Heard the accused on the point of sentence. He
submitted that his health is deteriorating day by day and leniency
may be shown to him.
72 On the other hand, the Ld. SPP Mr. Gharat submitted
that this is a very serious offence. If the accused would have got
the passport, he might not have been arrested and fled away from
India. He would not be available for all these trials. So maximum
punishment be given to him.
73 After hearing the accused and the Ld. SPP on the point of
quantum of punishment, I find that the accused has committed the
offence under the Passport Act, which is a serious offence. He has
33
also committed offence under Indian Penal Code. However,
considering the quantum of sentence in other cases and nature of
seriousness of offence under the Passport Act, I think it proper to
pass the following order :
O R D E R
1 Accused Abdul Karim Ladsab Telgi is convicted u/s
235(2) of the Cr.P.C. for the following offences.
2 Accused is convicted of the offence punishable u/s 420 of
the IPC and sentenced to suffer RI for 3 (Three) years and to pay
fine of Rs.5,000/ i.d. to suffer further RI 15(Fifteen) days.
3 Accused is convicted of the offence punishable u/s 465
of the IPC and sentenced to suffer RI for 2 (Two) years and to pay
fine of Rs.1,000/ each i.d. to suffer further RI for 3(Three) days.
4 Accused is convicted of the offence punishable u/s 466
of the IPC and sentenced to suffer RI for 2 (Two) years and to pay
fine of Rs.1,000/ each i.d. to suffer further RI for 3(Three) days.
5 Accused is convicted of the offence punishable u/s 468
of the IPC and sentenced to suffer RI for 3 (Three) years and to
34
pay fine of Rs.3,000/ i.d. to suffer further RI for 7(Seven) days.
6 Accused is convicted of the offence punishable u/s 471
of the IPC and sentenced to suffer RI for 2 (Two) years and to pay
fine of RS.1,000/ i.d. to suffer further RI for 3(Three) days.
7 Accused is convicted of the offence punishable u/s 12(1)
(b) of the Passport Act, 1967, and sentenced to suffer RI for 2
(Two) years and to pay fine of RS.5,000/ i.d. to suffer further RI for
15(Fifteen) days.
8 The substantial sentences for all the offences shall run
concurrently alongwith conviction in Bundgarden Case, Pune in
Special Case No.2/2003.
9 Benefit of set of u/s 428 of the Cr.P.C. be given to the
accused.
(CHITRA K. BHEDI)4.7.2009 SPECIAL JUDGE FOR CBI
35
IN THE COURT OF SESSIONS FOR GREATER BOMBAY SESSIONS CASE NO.339 OF 2007
The State (CBI) ..Complainant(CBI Case RC CY 1 2004 E 0006EOUIX dated 29.9.2004)(CC No.115/CPW/06)
vs.
Abdul Karim Ladsab Telgi )..Accused
CORAM : H.H.THE SPECIAL JUDGE SMT. CHITRA K. BHEDIDATE : 4TH JULY 2009. (COURT ROOM NO.49)
SPP Gharat for the State.Adv. Koshe for the accused.
FRSR following order is passed :
OPERATIVE ORDER
1 Accused Abdul Karim Ladsab Telgi is convicted u/s
235(2) of the Cr.P.C. for the following offences.
2 Accused is convicted of the offence punishable u/s 420 of
the IPC and sentenced to suffer RI for 3 (Three) years and to pay
fine of Rs.5,000/ i.d. to suffer further RI 15(Fifteen) days.
36
3 Accused is convicted of the offence punishable u/s 465
of the IPC and sentenced to suffer RI for 2 (Two) years and to pay
fine of Rs.1,000/ each i.d. to suffer further RI for 3(Three) days.
4 Accused is convicted of the offence punishable u/s 466
of the IPC and sentenced to suffer RI for 2 (Two) years and to pay
fine of Rs.1,000/ each i.d. to suffer further RI for 3(Three) days.
5 Accused is convicted of the offence punishable u/s 468
of the IPC and sentenced to suffer RI for 3 (Three) years and to
pay fine of Rs.3,000/ i.d. to suffer further RI for 7(Seven) days.
6 Accused is convicted of the offence punishable u/s 471
of the IPC and sentenced to suffer RI for 2 (Two) years and to pay
fine of RS.1,000/ i.d. to suffer further RI for 3(Three) days.
7 Accused is convicted of the offence punishable u/s 12(1)
(b) of the Passport Act, 1967, and sentenced to suffer RI for 2
(Two) years and to pay fine of RS.5,000/ i.d. to suffer further RI for
15(Fifteen) days.
37
8 The substantial sentences for all the offences shall run
concurrently alongwith conviction in Bundgarden Case, Pune in
Special Case No.2/2003.
9 Benefit of set of u/s 428 of the Cr.P.C. be given to the
accused.
(CHITRA K. BHEDI)4.7.2009 SPECIAL JUDGE FOR CBI
38
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