STATE Vs. PREM SARUP PURI

JUDGEMENT

(1.) This judgment will not only dispose of Cr. Rev. 224 of 1972 but also Cr. Writ 20 of 1972 both preferred by Prem Sarup Puri; Cr, Revision 265 of 1972 has been preferred by the State.

(2.) The Hon'ble the Chief Justice has constituted this Bench for hearing the above on a reference made by one of us (Ansari. J.).

(3.) The facts alleged by the prosecution may be briefly stated. One Ravi batra of Simla had applied in response to an advertisement in the Hindustan Times in the winter months of 1966. for the post of an Executive .in an eminent international organisation, care of a certain Post Box Number: he was called for an interview and interviewed by Prem Sarup Puri (hereinafter called 'Puri') at his residence in Defence Colony, New Delhi, some time in February. 1967. Puri advised Ravi Batra to apply for a passport as the post would entail travel abroad. Ravi Batra accordingly applied to the Regional Passport Officer. New Delhi and also addressed a letter authorising P. R. Mehra of Messrs Sita World Travels, New Delhi to collect his passport from the office of the Regional Passport Officer. At the suggestion of Puri Ravi Batra further wrote to P.R. Mehra to hand over his passport to R. K. Mehta of International Finance Corporation. Puri obtained both the aforesaid letters from Ravi Batra. After some time Ravi Batra enquired from Messrs Sita World Travels and learnt from them that his passport had been handed over to a person sent by R. K.. Mehta of International Finance Corporation. Since Ravi Batra did not get the passport even afterwards his suspicions were aroused and he complained to the Police Station, Parliament Street and sent copy of it to the Regional Passport Officer. A case was registered and investigated by the Special Police Establishment. It transpired during the investigation that Puri had visited Simla and stayed at the darks Hotel Private Limited, Simla East from 13-4-1967 to 22-4-1967. During that period he contacted Ravi Batra and got from him a fresh passport appplication duly completed with about 20 copies of his photograph to be signed by him, his passport and letter addressed to one Shri J. S. Lall, I.C.S., Director General of Supplies & Disposals, New Delhi requesting him to issue a special certificate in his favour, to attest his photographs and forward the same to the Regional Passport Officer, New Delhi for the issue of a passport. Puri posted the said letter himself along with the passport application, photographs and the old passport of Ravi Batra from Simla to Shri J. S. Lall by registered post. Shri J. S. Lall issued the necessary certificate in favour of Ravi Batra, attested his photographs received alongwith the passport application and forwarded them to the Regional Passport Officer, New Delhi by registered post. The Regional Passport Officer, New Delhi after verifying the genuineness of the special certificate issued Passport No. 1-454020 in the name of Ravi Batra on 23-5-1967. The passport was collected by P. Raj Mehra of M/s Sita World Travels, New Delhi from the said office on 25-5-1967 on the basis of the letter of authority issued by Ravi Batra. Puri attested the signatures of one Sher Singh (an unknown person) as R. K.. Mehta and left the country, using the said passport.