Tara Singh vs State Of Delhi
2009 Latest Caselaw 4135 Del

*       IN THE HIGH COURT OF DELHI AT NEW DELHI

%                       Judgment Reserved on:06th October, 2009
                       Judgment Delivered on:13th October, 2009


+                               CRL.R.P. No.142/2001

        TARA SINGH                                ..... Petitioner
                             Through:    Mr.Rajesh Mahajan, Advocate.

                       versus

        STATE OF DELHI                            ..... Respondent
                             Through:    Mr.Manoj Ohri, Advocate.


CORAM:
HON'BLE MS. JUSTICE INDERMEET KAUR

     1. Whether the Reporters of local papers may be allowed
        to see the judgment?

     2. To be referred to the Reporter or not?            Yes

     3. Whether the judgment should be reported in the
        Digest?                                      Yes


INDERMEET KAUR, J.

1. On 5.5.1999, at 3.00PM Alpana Sharma, PW-2 Section Officer

in the Afghan Section of the FISR Branch of the FRRO, Hans Bhawan, New

Delhi lodged a complaint with P.S. I.P. Estate. It was alleged that one

Afghani national had approached her along with his passport for the grant

of an exit visa. On the scrutiny of his passport no.OR-387146 dated

14.9.1997, issued at Nangartain, Afghanistan, it revealed that he i.e. Tara

Singh had entered India on 8.4.1999 on the strength of visa no.995502

issued on 6.4.1999 from Islamabad, Pakistan. This visa was valid till

5.10.1999 with the condition of entry by train and being an entry visa, it

Crl.R.P. No.142/2001 Page 1 of Page 6 meant that he required either an exit visa or a re-entry visa in order to

visit Pakistan. A further scrutiny of his passport revealed that there was a

re-entry visa issued from Peshawar; this was a forged visas as Pakistani

visas had since been changed from rubber stamp type to sticker type

visas and this was evident from page no.17 which contained the rubber

stamp visa and pages no.15 and 13 of his passport which contained the

sticker type visa. Preliminary questions revealed that the petitioner had

obtained this forged visa from an agent at Tilak Nagar area to gain entry

in Pakistan. These facts had been notified by PW-2 to her senior officer

Sh.Arvind Kapoor PW-3, who confirmed these revelations. Request for

registration of FIR under Sections 468/471/420/120 B IPC r/w Section 14 of

the Foreigners Act (in short the Act) was made.

2. On the aforestated complaint investigation was set into

motion. After scrutiny of the documents and the recording of the

disclosure statement of the accused as also the statement of the

witnesses FIR under the aforestated provisions of law was registered at

5.15PM on the same day.

3. Vide judgment dated 25.8.2000, accused Tara Singh was

convicted under Section 14 of the Act. He was sentenced to suffer RI for a

period of 1-1/2 years as also to pay a fine of RS.3,000/-. This order was

modified by the Court of the learned ASJ. While upholding the conviction,

the sentence was modified to the sentence already undergone by the

appellant i.e. the period of 35 days of incarceration suffered by him. The

fine of Rs.3,000/- stood already deposited. The petitioner was directed to

Crl.R.P. No.142/2001 Page 2 of Page 6 leave the country within 10 days from the date of the judgment i.e. within

10 days from 5.3.2001.

4. Counsel for the petitioner has assailed the judgment on the

short point that testimony of PW-2 and PW-3 clearly shows that no

efforts have been made by either of the two witnesses to verify whether

the visa was a genuine visa or a forged visa. Attention has been drawn to

the cross-examination of PW-2 who had admitted that she had not verified

about this forged or re-entry visa from Pakistan. PW-3 had also admitted

that he had not verified about this fake/forged exit visa issued from

Pakistan Embassy. It is argued that the prosecution has to stand on its

own legs and the prosecution having failed to discharge its onus; it is

clear that the ingredient of the offence under Section 14 of the Act are

not made out; giving benefit of doubt to the petitioner he is entitled to an

acquittal.

5. Section 14 of the Act is the penal provision for the

contravention of the provisions of the Act or of any order made

thereunder or any direction given in pursuance of the said Act or such

order. The object of this Act is to provide for prescribing, regulating and

restricting amongst other things the presence and continuous presence of

a foreigner in India. What appears to have been intended is to confer

power on the executive authority to prescribe and specify conditions for

continuance of a foreigner in India.

6. PW-2 Alpana Poddar is the complainant. After reciting the

averments on oath as made by her in her complaint Ex.-PW2/A, she has

Crl.R.P. No.142/2001 Page 3 of Page 6 categorically averred that the passport of Tara Singh was endorsed with a

re-entry visa which was fake and this was at page no.17. In her cross-

examination she has admitted that she had not verified from the Pakistani

Embassy as to whether this visa was forged or fake; she has gone on to

explain that in their office a circular was given that re-entry visas were

being issued by Pakistan in a sticker form and not in a rubber stamp

form and she has also consulted her senior in this regard.

7. PW-3 Arvind Kumar Kapoor, Inspector Incharge Crime Section,

FRRO, Hans Bhawan was the senior officer of PW-2. He has corroborated

the version of PW-2 on oath. He has deposed that at 3.15 PM Alpana

Sharma, Section Officer manning one of the counters at the Afghan

Section had approached him with a passport of one Afghan national,

namely, Tara Singh. Tara Singh intended to take an exit visa for Pakistan

which is mandatory for an Afghan national leaving India. Upon scrutiny of

his travel documents it was found that his re-entry visa issued from

Peshawar was forged on two counts i.e. it was of a rubber stamp type

which was not in circulation for the last 3-4 years as also for the reason

that the date of issue of the said visa from Peshawar was not supported

by corresponding visits of Tara Singh from Afghanistan to Peshawar and

back and this was evident from his passport. In his cross-examination he

has stated that the verification of this exit visa on the passport of Tara

Singh had not been conducted from the Pakistan Embassy. He has further

deposed that it is very much in knowledge that the said forged visa is not

in circulation for the last 3-4 years and sticker type visas were presently

Crl.R.P. No.142/2001 Page 4 of Page 6 being issued by the Pakistan High Commission; the said specimen sticker

visas are also found on pages no.13 and 15 of passport of Tara Singh.

8. The Investigating Officer SI Subod Anand has been examined

as PW-5.

9. A perusal of this evidence clearly establishes that both PW-2

and PW-3 were the Section Officer and the Officer Incharge working in the

Afghan Section of FRRO, Hans Bhawan, New Delhi. They were, in this

official capacity obviously well conversant with the entry and exit visas

which are endorsed on passports of Afghan nationals who are entering

and exiting India. Both PW-2 and PW-3 have deposed that there is a

circular to the effect that Pakistan High Commission since the last 3-4

years had not been issuing rubber stamp visas but sticker type visas were

being issued; the questioned visa at page no.17 of Ex.P-3 is not a sticker

type visa but it is a rubber stamp visa. The genuine specimen visa i.e. the

sticker type visa was also located on pages no.13 and 15 of the passport

Ex.P-3. PW-3 had further stated that the date of issue of the said visa

from Peshawar was not supported by the corresponding visits of Tara

Singh from Afghanistan to Peshawar and back. There is no cross of the

said witnesses on this score that their deposition is false; no such

suggestion has also been given. The bald defence of the accused in his

statement under Section 313 of the Cr.P.C. is that the visa is genuine, is of

little credence.

10. It is not only the oral versions of PW-2 and PW-3, which has

established the case of the prosecution but also the documentary

Crl.R.P. No.142/2001 Page 5 of Page 6 evidence which is the passport P-3 of the accused clearly evidencing that

the visa issued from Peshawar on Page 17 is a rubber stamp visa and not

a sticker type visa. Circular of the Pakistan High Commission was to the

effect that such visas had been discontinued since the last 3-4 years and

sticker type visas were presently being issued to the foreigners.

Conviction of the petitioner calls for no interference. Revision petition is

without merit. It is dismissed.

                                               (INDERMEET KAUR)
                                                   JUDGE
October 13th ,2009
`ns'




Crl.R.P. No.142/2001                                           Page 6 of Page 6