ALEX C. JOSEPH Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) Revision petitioner is the first accused in C.C.No.1 of 2016 of Special Judge (SPE/CBI), Thiruvananthapuram for offences punishable under sections 120B r/w 419, 420, 201 and 202 IPC under section 13(2) r/w 13(1)(d) of the PC act and 12(1)(a)(b) and (d) of the Indian Passport Act.

(2.) The case was instituted on a final report filed by CBI in RC.No.9(E)/2014/CBI/SCB/ TVPM registered by re-registering the FIR in Crime No.2228 of 2011 of Palarivattom Police Station. Investigation was later taken over by the CBI.

(3.) The crux of the prosecution allegation was that the petitioner had allegedly smuggled foreign made cars through Cochin Port during the period 1997 to 2000. In connection with that, COFEPOSA detention order was issued against him. Look out notice was issued, since he was not available pursuant to the COFEPOSA warrant. While so, on getting secret information that, he was travelling to Hyderabad from Dubai on a fake passport on 06.11.2011, he was intercepted, when he landed at Hyderabad International Airport. Customs authorities and emigration airport authorities questioned him and found in his possession fake passport No.T 389522 issued in the name of one Abey John, Malad, Mumbai. He was handed over to the Kerala Police on 08.11.2011. He was received by the second accused, who was the then Inspector of Police, Thiruvalla Police Station. He was taken to Kerala for being produced before the DySP, Thiruvalla and thereafter, he was taken to Thiruvananthapuram, wherein, he was detained under COFEPOSA. According to the prosecution allegation, the fake passport was handed over to the second accused along with other details. On the way, accused Nos.1 and 2 entered into a criminal conspiracy and with the intention of causing disappearance of the crucial document involved, which was the forged passport in the name of Abey John, the second accused purportedly handed it over to the first accused who later screened it or destroyed it. The above passport could not be recovered thereafter.