IMPORTANT POINT
The necessity of establishing only a prima facie case for framing charges in conspiracy cases, allowing for prosecution to proceed based on suspicion rather than conclusive proof.

ORDER :

A. Badharudeen, J.

These are Revision Petitions at the instance of accused Nos.4 and 3 in C.C.No.19/2016 on the files of Special Judge, (SPE/CBI)-I, Ernakulam, arising out of Crime No.RC 06(A)/14/CBI/SCB/TVM of 2016. The revision petitioners assail dismissal of discharge petition filed by the petitioners before the Special Court.

2. Heard the learned counsel for the petitioners and the learned Public Prosecutor in detail. Perused the order impugned and the relevant records to consider the plea raised by both sides.

3. In these matters, the prosecution case is that accused Nos.1 to 4 hatched conspiracy and done the overt acts as under:

“3. The counter officers on duty at the departure side of airport should check passport of passengers by using swiping machine, comparing the photo in the passport with the person by using the Passport Registration and Identification System (PRIDE) or Passport Information Service on Net (PISON) or Ultra Violet Lamp for its genuineness, date of issue, date of expiry, photo substitution, page alteration etc. They should also check Visa for its genuineness, check for lookout circular (LOC) and check for emigration clearance issued by the Protector of Emigrants (PoE), if the emigrant is with ECR passport and is travelling on employment visa.

4. There were organized trafficking of people from India to Gulf. This was possible through a complicated nexus among travel agents, employees of travel agents, emigration officials and also a few officials who were repatriated to Kerala Police from emigration duties.

5. On getting such information, the Government of Kerala issued notification No.81/2014/Home dated 28.04.2014 and the Government of India issued notification No.228/38/2013/AVD-II dated 27-06-2014, u/s.5 of the Delhi Special Establishment Act . On the basis of such notification, the Central Bureau of Investigation, Thiruvananthapuram registered this case as RC 6/A/2014/CBI/SCB/TVM. Investigation was conducted against 45 persons allegedly involved in the racket.

6. The investigation revealed that there existed organized collection of money by travel agents from passengers, especially those from weaker sections of society, in the pretext of facilitating their emigration clearance. A share of this money was being paid to public servants for facilitating smooth emigration clearance. The extra amount collected by the travel agents helped the unauthorized passengers to travel illegally and also the genuine passengers to travel without the hassles of emigration check. The Immigration Officers at the counter (Counter Officers) had wide discretionary power to raise objection to travel of even a genuine passenger. On the other hand, the counter officers could illegally clear passengers with forged passports and 'Emigration Clearance Required' category passengers on job visa without the clearance of Protector of Emigrants (PoE). The scope of detection of irregularities in travel documents is only at the emigration check point. The counter officers are duty bound to check the illegal travel.

7. The 1^st accused is an Armed Police Sub Inspector of Kerala Police and was working at the immigration wing of CIAL from 26.05.2008 to 24.04.2009. Before that he had worked at the Trivandrum International Airport during 2004-2007. The 3rd accused is an Armed Police Sub Inspector & 4^th accused is a Woman Sub Inspector of Kerala Police and were functioning as Counter Officers at CIAL on different periods. The accused No.2 is a freelance travel agent engaged in the business of servicing of travel documents of emigrant workers proceeding to middle east countries. The accused entered into criminal conspiracy during January 2011 to illegally clear passengers travelling abroad without valid travel document