STATE Vs. TUKKARMA

JUDGEMENT

(1.) This order will dispose of Cr. R. No. 13/83 & Cr.M. (M) 130/83 both moved by the Delhi Admin. These are against the orders of the Addl. Sessions Judge, Mr. K.B. Andley, directing return of the passports on uperdari to respondents.

(2.) The background is that two cases stand registered u/Ss 420/468471/120-B, Indian Penal Code read with Section 25 & 26 of Immigration Act, 1922 at Police Station Palam Airport. They are to the effect that some uncrupulous persons have been sending Indian citizens to Middle East countries on the basis of forged Protector of Emigrants clearing stamps besides forged signatures of Protector of Emigrants, New Delhi. The passports of the respondents who in one case are 17 in number and in the other 15, were seized after they had been initially cleared by the air-port staff for going abroad. The investigation later by the crime branch revealed that those stamps and signatures of the Protector of Emigrants were, in-fact forged, The investigation is still continuing and no challans have been submitted in any court, although the cases were registered in October & Nov., 1982.

(3.) So far as the respondents are concerned, it is not the case of the investigating agency that they have committed any offence or that they have been instrument in the said forgeries. The racket instead has been enacted by some other persons who have rather duped these respondents by extracting various amounts from them. It is stated that in case these passports are returned to the respondents valuable evidence would not be available at the trial stage against the real culprits and thus administration of justice will suffer.