Final Order 3

Order Details: Copy  of Judgment
Pdf Text: C.C.NO. 726/PW/2018 1 of 11 JUDGMENT
MHMM190030752018
Received on :- 06.03.2018
Registered on :- 06.03.2018
Decided on :- 03.10.2025
Duration :- 07Ys. 06M. 27Ds.
Exh. :- 11
Part ‘A’
[Para 44(i) of Chapter VI of Criminal Manual]
IN THE COURT OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE,
(Presided over by : Ms. G. D. Nirmale, Additional Chief Judicial
Magistrate, Court No.22. Andheri, Mumbai)
Decided on :- 03.10.2025
Criminal Case No. 726/PW/2018
FIR No.
Police Station
253/2017
SAHAR Police Station
COMPLAINANT State of Maharashtra
Through :-
SAHAR Police Station
REPRESENTED
BY
A.P.P. Mr. K. S. Jamdhade, for the State.
ACCUSED
Aqsa Salim Shaikh
Age :- 30 years, Occupation :- Freelancer
R/o.: Shelter Corner, Flat No. 102,
Sec. 23, Plot No. 20, Taloja, Navi Mumbai.
REPRESENTED
BY
Advocate Mr. Rohit Gulati, for the accused.
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C.C.NO. 726/PW/2018 2 of 11 JUDGMENT
Part ‘B’
[Para 44(ii) of Chapter VI of Criminal Manual]
Date of Offence 30.08.2017
Date of F.I.R. 31.08.2017
Date of Chargesheet 06.03.2018
Date of Framing of Charges 16.11.2024
Date of commencement of evidence 03.10.2025
Date on which Judgment is reserved 03.10.2025
Date of the Judgment 03.10.2025
Date of the Sentencing Order, if any --
Accused Details
Rank of
accused
Name of
accused
Date
of
Arrest
Date of
Release
on Bail
Offences
charged
with
Whether
acquitted or
convicted
Sentence imposed Period of
Detention
Undergone
during
Trial for
purpose of
Section
428, Cr.P.C.
1. Aqsa
Salim
Shaikh
- 06.03.
2018
419,420 IPC Acquitted -- --
Part 'C'
[Para 44(iii) of Chapter VI of Criminal Manual]
LIST OF PROSECUTION / DEFENCE / COURT WITNESSES
A. Prosecution :
RANK NAME NATURE OF EVIDENCE
(EYE WITNESS, POLICE WITNESS,
EXPERT WITNESS, MEDICAL
WITNESS, PANCH WITNESS, OTHER
WITNESS)
PW1/Exh. 06 Narendra Dattatray Dubey Informant
B. Defence Witnesses, if any :
RANK NAME NATURE OF EVIDENCE
(EYE WITNESS, POLICE WITNESS,
EXPERT WITNESS, MEDICAL
WITNESS, PANCH WITNESS, OTHER
WITNESS)
- - -
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C.C.NO. 726/PW/2018 3 of 11 JUDGMENT
C. Court Witnesses, if any :
RANK NAME NATURE OF EVIDENCE
(EYE WITNESS, POLICE WITNESS,
EXPERT WITNESS, MEDICAL
WITNESS, PANCH WITNESS, OTHER
WITNESS)
- - -
LIST OF PROSECUTION / DEFENCE / COURT EXHIBITS
A. Prosecution :
Sr. No. Exhibit Number Description
1. Exhibit- 07 & 08 /
PW-01
FIR & printed F.I.R.
B. Defence :
Sr. No. Exhibit Number Description
- - -
C. Court Exhibits :
Sr. No. Exhibit Number Description
- - -
D. Material Objects :
Sr. No. Material Object Number
Description
1
-
-
J U D G M E N T
(Delivered on 03.10.2025)
1. The above named accused person stands charged for
having committed an offence punishable under Sections 419, 420 of
the Indian Penal Code, 1860 (for the sake of brevity hereinafter referred
to as 'I.P.C.').
Facts germane to the prosecution case is abridged thus :-
2. As per the facts averred by the prosecution, accused
was working as a cabin crew with Jet Airways flight no. 9W-540
from Mumbai to Muscat on 30.08.2017 at about 22:30 hours the
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C.C.NO. 726/PW/2018 4 of 11 JUDGMENT
cabin crew of Jet Airways reached counter No. 53 for departure
clearance. The accused was a bit late. She submitted her general
declaration and immigration permit along with her passport to the
informant who was working as a duty officer at the relevant time.
Upon verification, the informant found that the information filled
up by the accused in general declaration and crew immigration
form did not match with the details of passport submitted by her.
Upon further inquiry, the accused submitted another passport and
stated that by mistake she submitted the passport of her sister for
immigration clearance. The informant informed the wing incharge
Mr. Radhakrishnan and upon further inquiry they found that, the
accused had travelled on the passport of her sister on 20.08.2017,
21.08.2017 and 26.08.2017. Thus, the Immigration Officer
Mr. Narendra Dubey lodged report against her for impersonating
and cheating the Immigration Authorities.
3. On the basis of the report lodged by the informant
Crime No. 253/2017 dated 31.08.2017 was registered with
Sahar Police Station and work of investigation was carried out by
PSI Mrs. Rajshri V. Dudhale of Sahar police station.
4. During investigation police visited the place of
occurrence, prepared panchanamas, recorded the statements of
witnesses and after completion of investigation charge sheet was
filed.
Charge :-
5. Accused abjured the guilt and claimed to be tried when
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C.C.NO. 726/PW/2018 5 of 11 JUDGMENT
charge (Exh-03) was read over and explained to her in vernacular
by my learned predecessor.
Evidence for Prosecution :-
6. To substantiate the charges levelled against the
accused, prosecution examined informant Mr. Narendra Dubey as
PW No.1 vide Exh-06.
Defence :-
7. From the scrutiny of the cross examination and
answers given by the accused during the statement recorded under
Section 313 Cr. P. C. (Exh-10), it appears that defence of accused is
of denial and false accusations. However, no evidence is led in
defence.
Points for determination:
8. Perused the evidence on record. Heard learned
advocate Mr. K. S. Jamdhade for the prosecution and Mr. Rohit
Gulati learned counsel for the accused.
9. In view of offence charged against the accused,
following points arise for determination the finding and reasons
for which are recorded as under :-
Sr. No.
Points
Findings
1] Whether the prosecution proves that,
accused cheated the Immigration
Authority of India by impersonating to be
Neha Salim Shaikh, a genuine passport
holders and intentionally induced the
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C.C.NO. 726/PW/2018 6 of 11 JUDGMENT
Immigration authority to act upon the
same and hereby committed an offence
punishable u/sec. 419 of the IPC? No.
2] Whether the prosecution proves that,
accused intention intentionally cheated
Immigration Authority by impersonating
Neha Salim Shaikh, a genuine passport
holders genuine passport holders and on
the strength of same travelled from
Mumbai to Muscat and thereby
committed an offence punishable under
section 420 of the IPC? No.
3] What order ? Accused stands
acquitted
R E A S O N S
POINT NOs. 1 to :-
10. In order to prove the charge, prosecution has examined
the informant Mr. Narendra Dubey as PW No.1 vide Exh-06.
11. The informant deposed that, on 30.08.2017 while he
was working as Immigration Officer on departure crew clearance
counter No. 53 at Chhatrapati Shivaji Maharaj International
Airport, accused approached the said counter around 10:30 p.m.,
for clearing immigration for flight 9W-540 of Jet Airways. She
handed over general declaration and two immigration permits
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along with the passport. Upon verification, informant found
discrepancies in the details of passport bearing name Neha Salim
Shaikh and those mentioned in general declaration and two
immigration permits filled by the accused. Thus, he again
requested the accused to give the passport. This time the accused
gave the passport bearing her name, and told that by mistake she
gave the passport of her sister for clearance. However, the
informant requested her to hand over the earlier passport. He
checked the travel history of the passport issued in the name of
Neha Salim Shaikh and found the history of travel on 20.08.2017
and 21.08.2017 from Bahrain to Mumbai and second entry of
26.08.2017 from Mumbai to Abudabi and return from Abudabi to
Mumbai on the same day without there being any arrival or
departure stamps on the said passport. The informant then
reported the matter to his wing In-charge and lodged report
against the accused as directed by the wing In-charge.
12. Though the prosecution came with the case that, the
accused cheated the immigration authority by impersonating as
Neha Shaikh and clearing immigration on the passport of Neha
Shaikh, the informant recorded certain candid admissions during
cross-examination and dislodged the prosecution case. The
informant admitted during cross-examination that, the airport
entry permit and the identification card bears a photograph and a
signature of the crew member on it. 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
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C.C.NO. 726/PW/2018 8 of 11 JUDGMENT
and the name batch, without which the crew cannot clear the
immigration check. He further admitted that, as accused was
carrying the airport entry permit and the identification card along
with the dress code, she was permitted to reach the immigration
clearance counter. He further stated that the Immigration Officer
gives immigration clearance to the crew members only if the
details given in general declaration form and immigration permit
matches with the passport. Only after verifying the details and
being satisfied about its correctness, the immigration officer affixes
the immigration stamps on immigration permits of the crew
denoting its verification. He acceded that whenever accused Aqsa
Salim Shaikh visited the immigration counter, she filled her own
details in general declaration form and immigration permit forms.
He further conceded that, no immigration officer would have ever
allow the accused to clear immigration, in case of finding
discrepancy in the details of the passport and details submitted in
general declaration form and immigration permit forms of the
accused.
13. The instant case is registered on the accused as the
Immigration Officer found some travel history on passport of Neha
Shaikh. Even if it is assumed that the Immigration Officer did find
some travel history on the passport of Neha Shaikh, there is no
cogent evidence to prove that the present accused had travelled on
the said passport. Moreover, conscious use of passport or travel
document issued to another person is an offence under Section
12(1)(c) of the Passport Act. Any violation of rules relating to
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C.C.NO. 726/PW/2018 9 of 11 JUDGMENT
passport attracts provision of Passport Act. At the most, if the
accusation is taken as it is, it would be violation of section 12 of
the Passport Act. To rope accused for violation of Passport Act,
the investigating agency requires sanction from the Competent
Authority, as mandated u/s. 15 of the Passport Act. However,
the authority has given a go bye to Passport Act and booked the
accused under Penal sections. When there is a special statute to
deal with such offences, then there is no point in booking those
accused under general law.
14. It is not the case of the prosecution that the accused
fraudulently obtained the passport or that the passport of Neha
Shaikh was fake. Admittedly both the passports are genuine. It is
also not disputed that, the accused was working as crew member
in Jet Airways at relevant time and she submitted her own details
in general declaration and immigration permits on 30.08.2017 for
clearing immigration for her flight number 9W-540. It was only
when the accused inadvertently handed over the passport of her
sister to the informant, she was booked for the present offences of
impersonation and cheating allegedly committed on 20.08.2017,
21.08.2017 and 26.08.2017. The prosecution did not lead any
cogent evidence about the commission of offence on the said
dates. The admissions of the informant clearly show that the
accused could not have travelled on the passport of her sister by
submitting her own details in general declaration form and
immigration permit forms on the aforesaid dates. There is no
evidence regarding fraudulent or dishonest intention of accused to
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C.C.NO. 726/PW/2018 10 of 11 JUDGMENT
deceive anyone. In fact ‘mens rea’ is altogether missing in this
case.
15. Be that as it may, on 30.08.2017 the accused was
holding her valid and genuine passport which she later on
presented before the immigration officer. The immigration officer
did not clear her immigration and she was not allowed to fly that
day. Thus, it is clear that, no offence as alleged by the prosecution
was committed by accused on 30.08.2017, as she was holding a
valid and genuine passport of her own. The evidence on record
shows that accused committed innocuous mistake of handing over
a wrong passport and she rectified the mistake by immediately
submitting her own passport. Still she had to face the agony of
this otiose prosecution which ruined her career. Except fact of
registration of offence, nothing could be brought on record to
prove the charges of cheating by impersonation levelled against
the accused. The evidence adduced by the prosecution even, if it is
accepted as it is, does not prove the charges of cheating by
impersonation against the accused.
16. For the reasons aforesaid this Court concludes that, the
prosecution did not lead any cogent evidence to prove the charges
levelled against the accused. Resultantly, the prosecution fails to
prove its case beyond reasonable doubt for want of evidence.
Since the seized property i.e. Two Indian Passports bearing no.
K1926128 and K1926129 are genuine, they must be returned
to the holders thereof. Therefore point Nos. 1 and 2 are
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C.C.NO. 726/PW/2018 11 of 11 JUDGMENT
answered in the negative and in answer to point No.3 the
following order is passed:-
O R D E R
1. Accused Aqsa Salim Shaikh age : 30 years is hereby
acquitted of the offence punishable under Sections 419 and
420 of the Indian Penal Code, 1860, vide Section 248(1) of
The Code of Criminal Procedure, 1973.
2. The Bail bond of accused stands cancelled.
3. The accused to furnish P.R. of Rs.5,000/- in compliance to
section 437(A) of of The Code of Criminal Procedure,
1973.
4. The seized muddemal property shown in the column
No.9 of the charge-sheet i.e. Two Indian Passports
bearing no. K1926128 and K1926129, be returned to
the holders thereof, after appeal period is over.
Date.:- 03.10.2025
(Ms. G. D. Nirmale)
Addl. Chief Judicial Magistrate
22nd Court, Andheri, Mumbai
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