The petitioner was convicted and sentenced under Sections 419, 468 and 471 I.P.C. and Section 12(1)(d) of the Passports Act, 1967 concurrently by the courts below.

2. The prosecution allegation is that on 13.2.2004 at 5.45 a.m., when the revision petitioner arrived at Kochi International Airport from Abudhabi, the revision petitioner was found in possession of passport in the name of Hameed Hajabba Beary, New House, Shirilalu P.O., Belthangady, Karnataka State with the photograph of the revision petitioner.

3. Before the trial court, PW1 to PW12 were examined and Exts.P1 to P15 were marked for the prosecution. No evidence was adduced from the side of the revision petitioner.

4. Heard.

5. The learned counsel for the revision petitioner has argued that since the accused had been convicted and sentenced under Section 12(1)(d) of the Passports Act, the accused should not have been convicted and sentenced for the offence under Sections 419, 468 and 471 I.P.C. in view of Section 26 of the General Clauses Act.

6. The learned Public Prosecutor, on the other hand, has argued that since the ingredients to constitute the offence under the Passports Act and the ingredients to constitute the