Bathinda court cites shoddyprobe to acquit 17 travel agents
BATHINDA, Feb. 12 -- Court upholds conviction of three cops in a case that surfaced in 2008 following a whistleblowing report by a police official
A sessions court in Moga district acquitted 17 travel agents, who were earlier held guilty and sentenced to three years' imprisonment by a trial court in 2018, in the case of fraudulent issuance of passports. The case dates back to 2008.
The judgment was pronounced by the additional sessions judge, Shiv Mohan Garg, on February 9, and the detailed order was released on February 10. The judgment cites a shoddy police investigation and the trial court for overseeing legal provisions while deciding the 18-year-old case.
The sessions court has upheld the conviction of three policemen, Gurdayal Singh, Manjit Singh and Jaswinder Singh and their three-year imprisonment and a fine of Rs.31,500 each.
The scam, which first surfaced in 2008 following a whistleblowing report by a police official, involved the fraudulent issuance of over 400 passports based on forged documents and falsified police verification reports.
On February 21, 2008, the then Moga additional chief magistrate Deepti Gupta had convicted 25 individuals-including travel agents, passport applicants, and three head constables-sentencing them to three years of imprisonment.
Disposing of a bunch of 15 appeals filed by 17 travel agents from Punjab and Chandigarh on Monday, sessions judge observed that "after the trial, the trial court acquitted all the private individuals, who were the applicants for issuance of the passports, but convicted the appellants (travel agents) and the government officials for commission of the offences including criminal conspiracy, forgery and the Passport Act."
It stated that there is no evidence of the prosecution that the appellants were in touch with the police officials of the security branch and had conspired with them to prepare fake police verification reports or to prepare forged documents.
"In totality, the findings of the trial court qua the appellants are against the facts and law, and the same deserves to be set aside. The prosecution has failed to prove the guilt of the appellants in any manner," rules the court.
In his 60-page order, the judge stated "the trial court has failed to consider all aspects that the verification of the addresses of the applicants desirous of getting issued the passport and verification of their documents attached with the passport file are in the domain of the police. It means that no one else is in any manner responsible for any false information provided by the applicants."
The court stated that travel agents can verify the photocopies with the original produced before him by such applicants without visiting the addresses of the applicants or without getting the authenticity of the documents checked from the concerned department.
"Sadly, the state has not filed any appeal against the acquittal of the private individuals, who had submitted the applications for the issuance of the passports. A travel agent is merely a facilitator to an individual for getting the passport issued," stated the order while acquitting agents of all charges. The court further noted the evidence of the then Moga SP Jaspal Singh was "very relevant" in deciding the case.
"In his cross-examination, he admitted that during the inquiry, no complainant of this FIR appeared before him to give any statement. He also admitted in his cross-examination that he did not get any of the appellants to join in the inquiry. No complaint of forgery of documents has been made by anyone against these appellants by name. No recovery of any incriminating article has been made," reads the court order.
The court further observed that for prosecution under the Passport Act, a prior sanction of the central government is required, but in the present case, the sanction by the secretary, department of home affairs and justice, Punjab, was given.
"But when there is no sanction by the central government, then the appellants cannot be held liable for the commission of an offence punishable under Section 12 of the Passport Act. This aspect has also not been considered by the learned trial court," it stated....
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