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2006 DIGILAW 1817 (DEL)

BALWINDER SINGH v. STATE OF DELHI

2006-10-09

A.K.SIKRI

body2006
( 1 ) THIS petition is filed for quashing of the proceedings arising out of FIR No. 244/2006 registered under Section 12 of the Passports Act, 1967 (hereinafter referred to as 'the Act') with the IGIA Police Station. ( 2 ) THE allegation as per the said FIR is that the petitioner came by Flight No. A1-349 on 17. 5. 2006 and approached for immigration clearance. His passport was scrutinized and it was found that a white blank paper was affixed on his passport at Page No. 13. On questioning he revealed that his agent in Bangkok had affixed the same. This was treated as tampering with the passport and on this basis FIR was lodged by the Officer-in-charge with the aforesaid Police Station. ( 3 ) ON the direction of the Court, original passport is produced. It shows that Page No. 13 is blank on which one plain paper is pasted. Counsel for the petitioner submits that this would not amount to tampering with the passport and, therefore, ex facie case is not covered by the provisions of Section 12 of the Act. To appreciate this contention we may reproduce the provisions of Section 12 of the Act: "12. Offences and penalties. (1) Whoever (a) contravenes the provisions of Section 3; or (b) knowingly furnishes any false information or suppresses any material information with a view to obtaining a passport or travel document under this Act or without lawful authority alters or attempts to alter or causes to alter the entries made in a passport or travel document; or (c) fails to produce for inspection his passport or travel document (whether issued under this Act or not) when called upon to do so by the prescribed authority; or (d) knowingly uses a passport or travel document issued to another person; or (e) knowingly allows another person to use a passport or travel document issued to him; shall be punishable with imprisonment for a term which may extend to two years or with fine which may extend to five thousand rupees or with both. (1 A) Whoever, not being a citizen of India, (a) makes an application for a passport or obtains a passport by suppressing information about his nationality, or (b) holds a forged passport or any travel document. (1 A) Whoever, not being a citizen of India, (a) makes an application for a passport or obtains a passport by suppressing information about his nationality, or (b) holds a forged passport or any travel document. shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to five years and with fine which shall not be less than ten thousand rupees but which may extend to fifty thousand rupees. (2) Whoever abets any offence punishable under Sub-section (1) or Sub-section (1a) shall, if the act abetted is committed in consequence of the abetment, be punishable with the punishment provided in that sub-section for that offence. (3) Whoever contravenes any condition of a passport or travel document or any provision of this Act or any rule made thereunder for which no punishment is provided elsewhere in this Act shall be punishable with imprisonment for a term which may extend to three months or with fine which may extend to five hundred rupees or with both. (4) Whoever, having been convicted of an offence under this Act, is again convicted of an offence under this Act shall be punishable with double the penalty provided for the latter offence. " ( 4 ) THE particular clause which may be relevant for our case is Clause (b) of sub-section (1) of Section 12. As per the said clause, if a person attempts to alter or causes to alter the entries made in a passport of a travel document, he can be punished under Section 12 of the Act. In the present case, as noted above, in Page no. 13, which was blank, a plain paper is pasted. This purported act, under no circumstances, be treated as altering or attempting to alter or causes to alter the entries made in a passport inasmuch as none of the entries are tampered with and the white sheet is pasted on a blank paper. Clauses (a), (c), (d) and (e) of Sub-section (1) of Section 12 obviously do not even remotely concern with the allegation. I, therefore, accept the contention of the petitioner that the alleged act attributed upon the petitioner would not amount to tampering with the passport, as contemplated in Section 12 of the Act. Clauses (a), (c), (d) and (e) of Sub-section (1) of Section 12 obviously do not even remotely concern with the allegation. I, therefore, accept the contention of the petitioner that the alleged act attributed upon the petitioner would not amount to tampering with the passport, as contemplated in Section 12 of the Act. Even if the allegations made in the FIR are treated as correct, no offence under Section 12 of the Act is made out. ( 5 ) FOR the foregoing reasons, this petition is allowed and the proceedings arising out of the FIR No. 244/2006 are accordingly quashed. Petition allowed.