Final Order 2

Order Details: Copy of Evidence
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C.C. No. 726/PW/2018 Exh - 06
Deposition of Witness No. 01 for Prosecution.
I on solemn affirmation depose as under :
My Name : Narendra Dattatray Dubey
Age : 62 years Occupation : Retired as DCIO
R/o. : Shiv Shakti Niwas, Saboj Nagar, Near Sneha Hospital,
Ozarmig, Nashik.
Exam.-in-chief by APP Mr. K. S. Jamdhade for the State:-
1. On the night intervening 30/08/2017 and 31/08/2017
from 08:00p.m to 08:00a.m. I was working as an immigration officer on
counter no. 53 crew clearance counter at Chhatrapati Shivaji Maharaj
International Airport, Mumbai. Around 10:30p.m. Aqsa Salim Shaikh
reached counter no. 53 in hurry. Upon inquiry she told me that entire
crew went and I am late. I asked her the destination of flight and flight
number on which she replied flight no. 9W540 Jet Airways flight to
Muscat. I gave general declaration and two immigration permits to her
after which she gave me a passport. While she was signing the
immigration forms I checked the passport under UV and swiped it for
details. She gave me the declaration and two immigration permits. I
handed over the passport to her. I checked the details of the passport on
the system and the details given in general declaration and two
immigration permits. I found discrepancies in the same. I again asked
her to give the passport, this time she handed over the passport bearing
name Aqsa Salim Shaikh. The earlier passport which she handed over to
me was in the name of Neha Salim Shaikh, I requested her to hand over
that passport. I checked the travel history of the passport issued in the
name of Neha Salim Shaikh from the system and found that there was
history of travel on 20/08/2017 from Mumbai to Behrin and
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21/08/2017 from Behring to Mumbai, second entry of 26/08/2017
from Mumbai to Abudabi and same day return from Abudabi to
Mumbai. I did not found any immigration departure or arrival stamp for
these travels. Upon inquiry with Miss Aqsa I found that, the passport
issued in the name of Neha Salim Shaikh was of her elder sister. She
told me that she handed over the passport to me by mistake. I took her
to my wing incharge Mr. Radhakrishnan. As per the direction of wing
incharge I lodged report with Sahar Police station. The F.I.R. & printed
F.I.R. are now shown to me. They bear my signature. Their contents are
true and correct. They are marked as Exh-07 and Exh- 08. I can
identify the accused. She is present before Court today.
Examination-in-chief is completed
Cross-examination by Learned Counsel Mr. Rohit Gulati for
accused:-
2. It is true to say that a strict procedure is followed by
the Airport security and immigration officer before granting
clearance to a crew member. It is true to say that it is mandatory
for a crew member to carry an Airport entry permit with
Identification card on their person till they are on the duty, along
with the dress code and the name batch. It is true to say that
without the airport entry permit, identification card and proper
dress code the crew member will not be able to clear the
immigration check. It is true to say that the accused was carrying
the airport entry permit and the identification card along with the
dress code, hence she was permitted to reach the immigration
clearance counter. It is true to say that the airport entry permit and
the identification card bears a photograph and a signature of the
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crew member on it.
3. It is true to say that the general details form contains
the details like name, passport number, date of birth along with
other relevant details of the crew member. It is true to say that
along with the general details form, the crew member has to
submit four copies of immigration permit form, in which they have
to write their own name, passport number and sign the same in
front of the immigration officer for obtaining clearance. It is true
to say that the crew member also hands over the passport to the
immigration officer to swipe along with the general declaration
form and immigration permits. It is true to say that the
immigration officer verifies the details given in general declaration
form and immigration permit with the passport and give the
clearance only if the details match. It is true to say that once the
immigration officer is satisfied about the matching of details, he
affixes the immigration stamps on immigration permits denoting
its verification.
4. It is true to say that the crew members are well aware
that the details given in general declaration form, immigration
permits and the passport has to match without which they will
never get a immigration clearance. It is true to say that in a
general declaration form given by the accused she mentioned her
own name as Aqsa Salim Shaikh, mentioned her own passport
number and date of birth. It is true to say that the accused
mentioned her own name and details before me on the
immigration permit and marked her signature on the same before
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me. It is true to say that whenever Aqsa Salim Shaikh visited the
immigration counter, she filled her own details in general
declaration form and immigration permit forms. It is true to say
that no immigration officer would ever allow the accused to clear
immigration in case of discrepancy found in the details of the
passport and details submitted in general declaration form and
immigration permit forms. It is true to say that I do not possess
any documentary evidence in form of general declaration or
immigration permits submitted by accused on 20/08/2017 and
26/08/2017 for travelling on the passport issued in the name of
Neha Salim Shaikh. It is not true to say that I have filed a false
case against Aqsa Salim Shaikh.
Cross-examination is completed
No re-examination
Witness is discharged.
R.O.A.C.
Sd/-
(Ms. G. D. Nirmale)
Addl. Chief Judicial Magistrate,
22nd Court, Andheri, Mumbai.
Date : 03.10.2025
Before me,
Sd/-
(Ms. G. D. Nirmale)
Addl. Chief Judicial Magistrate,
22nd Court, Andheri, Mumbai.
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