Telgi Passport Forgery Case

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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

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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.

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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 ,

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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

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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

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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.

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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.

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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

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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

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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

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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.

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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

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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.

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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.

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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.





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.



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

http://Cr.P.C/

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.

http://H.H.THE/

36








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.



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

http://Cr.P.C/

38

39

Documents

Telgi Passport Forgery Case