SARABJIT GAMBHIR Vs. STATE OF DELHI

JUDGEMENT

(1.) The petitioner herein is roped in in a criminal case and as per the averments made in the FIR registered against her, she has allegedly committed offence under Section 419/420/468/471/120-B IPC and Section 12 of the Passport Act. This petition is filed for quashing of the proceedings arising out of the said FIR on the ground that she has wrongly been arraigned as an accused in the said case and not at all connected with the commission of the alleged offence.

(2.) As per FIR No.177/03 registered at Police Station IGI Airport, New Delhi, at the instance of ASI Rajesh Kumar, two lady passengers, namely, Sarabjit Gambhir, petitioner herein and Tejender Kaur, holder of passports No. R-771317 and A-4230124 respectively were leaving for Canada by flight No.02-348. They came to the counter for immigration clearance. On scrutiny of their passports, it was found that cover page of Tejender Kaur's passport had been changed. On interrogation she revealed that her actual name was Balwinder Kaur d/o Balkar Singh r/o House No.18, New Subhash Nagar, Jallandhar, Punjab. She further revealed that her forged passport and her trip to Canada was arranged by one agent, namely, Sharma resident of Punjab for monetary consideration. She also stated that Ms. Sarabjit Gambhir, the petitioner herein, was helping her in taking the boarding card and immigration clearance. In this FIR it is also alleged that the tickets of the above named passengers were issued from the same place and were bearing the same PNR number. Later on, it was found that the arrival stamp on page 26 of the passport of Balwinder Kaur was also forged.

(3.) After the submission of the charge-sheet, vide order dated 29.3.2005, the charge under Section 419/120-B was framed against Balwinder Kaur as well as the petitioner. The petitioner pleaded not guilty whereas Balwinder Kaur pleaded guilty to the charge voluntarily. Therefore, on the same date Balwinder Kaur was convicted under Section 419/120-B IPC. Arguments were heard on the point of quantum of sentence and order was passed on the same day sentencing her with imprisonment already undergone by her in custody during investigation with a fine of Rs.50,000/-. It may be noted at this stage that when the FIR was registered, while checking the documents of the two ladies at the time of immigration clearance on the intervening night of 24/25 April 2003, both the ladies were placed under arrest and were granted bail after few days. Therefore, in so far as Balwinder Kaur is concerned, vide order dated 29.3.2005 she has been convicted and sentenced with a fine of Rs.50,000/- and with imprisonment already undergone by her in custody during investigation.