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2006 Supreme(Del) 1811

A.K.SIKRI
BALWINDER SINGH – Appellant
Versus
STATE OF DELHI – Respondent


Advocates Appeared:
Baldev Malik, Nishit Kush

( 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)



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