STATE OF U P Vs. SYEED AHMAD

JUDGEMENT

(1.) The State of Uttarakhand has challenged the judgment dated 23.09.1993 passed by Additional Sessions Judge, Dehradun vide which appeal of accused Syeed Ahmad, filed against the judgment and order dated 13.01.1993 passed by Special Judicial Magistrate, CBI, Dehradun, has been accepted and accused Syeed Ahmad has been acquitted of the charges punishable under sections 472, 474, 120-B of the Indian Penal Code (hereafter referred to as IPC)

(2.) Facts, in brief, are that Harish Chandra Joshi, Inspector CBI was the Investigating Officer in Case No. RC/85-CBI, New Delhi with regard to the case relating to preparation of forged passport and visa documents. During the investigation, he received information that Shamshad Ali and Mohd. Ali alias Bata along with some other persons were involved in preparing forged passports and visa documents. On this information, he arrested Shamshad Ali and conducted search of Mohd. Ali's house but nothing objectionable was found. However, Shamshad Ali informed him that articles for preparing the forged passports were kept in the shop of Syeed Ahmad. Thus, at about 10.15 a.m. on 21.04.1986 Harish Chandra Joshi along with local police and two public witnesses namely PW2 Ved Pal Singh and PW10 Shiv Prasad, conducted the search of shop of Syeed Ahmad, in the name and style known as Prince Bearing Store, Saharanpur. During the search, five passports of five persons, two metal blocks of passport and one rubber stamp of Visa Officer of Pakistan Embassy were recovered. During investigation, it was revealed to the Investigating Officer that forged passports were printed in the printing press of accused Hari Chand Goyal. On this information, Investigating Officer along with local police and the above named two public witnesses conducted the search of printing press of Hari Chand Goyal known as "M/s Asha Printers, Saharanpur". During the search of the said printing press, one passport of Amir Ahmad, 601 stamp papers, 577 printed passport pages having Chakra, India & Bharat printed, were also recovered. Along with above- mentioned articles, 14 wooden seal and blocks were also recovered. The articles recovered from the shop of Syeed Ahmad and the printing press of Hari Chand Goyal were taken into possession vide memo exhibit Ka-1 and exhibit Ka-3. During the search 5 passports recovered from the shop included the passport of Syeed Ahmad himself and two passports in the name of his Kariman. The impression of two blocks and one rubber stamp of Pakistan Embassy were taken on one paper, which is exhibit Ka-2. The impression of blocks recovered from the printing press was taken on paper, which is exhibit Ka-4 and Ka-5. Both the accused were arrested and the case was registered against them. The investigation was thereafter handed over to Satbir Singh, Inspector CBI. Recovered stamps and blocks of passport were sent to Indian Security Press, Nasik for analysis and on analysis by the Indian Security Press, Nasik it was found that recovered stamp and blocks were forged and with the help of those forged stamps and blocks forged passport and visa could be prepared.

(3.) On completion of the investigation, challan was presented and respondent and Hari Chand Goyal were charge-sheeted for the offence punishable under sections 472, 474 and 120-B IPC to which they pleaded not guilty and claimed trial.