VIJENDER KUMAR JAIN Vs. STATE

JUDGEMENT

(1.) This revision petition is directed against the judgment dated 10/4/2001 of an Additional Sessions Judge dismissing Criminal Appeal No.27/2000 filed by the petitioner-accused against the Judgment and order dated 22/4/1995 of a Metropolitan Magistrate convicting and sentencing him as under:- Section 419 Indian Penal Code - RI for six months and fine of Rs.1,000.00. In default of payment of fine to undergo SI for one month. Section 468 Indian Penal Code - RI for six months and fine of Rs.2,000.00. In default of payment of fine to undergo SI for 3 months. Section 12(b) - RI for 2 months and fine ' Passport Act, 1967 of Rs.1,000.00. In default of payment of fine to undergo 51 for one month.

(2.) Case of the prosecution, in brief, is that during search of residential premises of petitioner at 2294, Gali Pahar Wall, Dharampura by the officials of Directorate of Enforcement, one passport in the name of R.K.Gupta with photograph of petitioner on it was recovered together with foreign currency and gold. On investigation it was revealed that passport application and personal particular form in the name of R.K.Gupta were signed by the petitioner and the address of R.K.Gupta as given in said application was fictitious. Accordingly, chargesheet under sections 419, 420, 468 Indian Penal Code and section 12, Passport Act, 1967 was submitted against the petitioner.

(3.) In support of case the prosecution examined 17 witnesses in all. Petitioner did not examine any witness in defence. Believing the prosecution witnesses the petitioner was convicted and sentenced in the manner stated above.