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2022 Supreme(Online)(KER) 38966
HIGH COURT OF KERALA
K. Babu, J
M.S.REJIKUMAR
– Appellant
Versus
THE SUPERINTENDENT OF POLICE CENTRAL BUREAU OF INVESTIGATION – Respondent
Crl.Rev.Pet 12 2022
C.S.MANU, SRI.SUVIN R MENON
The court emphasized that even a strong suspicion based on the prosecution's materials suffices to justify framing charges and proceeding to trial under Section 239 of Cr.P.C.
Headnote:
Emigration - Criminal Procedure - [Cr.P.C. Sec 239, 240], [PC Act, 1988 Sec 11, 12, 13, 14], [Emigration Act, 1983 Sec 24] - The court held that grounds exist for presuming the accused's involvement in the offences, thus refusing discharge and allowing the trial to proceed based on collective evidentiary factors pointing towards conspiracy and dereliction of duties.
Fact of the Case:
The petitioner, an Emigration Officer, was involved in a case of illegal emigration where he issued clearance to an individual with a likely forged visa, bypassing proper scrutiny procedures, amidst a larger conspiracy of emigration violations.
Finding of the Court:
The court found sufficient preliminary evidence indicating that the petitioner had issued emigration clearance without proper verification and was involved in a larger conspiracy, establishing grounds for proceeding to trial.
Issues: Did the prosecution provide sufficient evidence to presume that the petitioner committed the offences charged, justifying the refusal of discharge under Section 239 of Cr.P.C.?
Ratio Decidendi: The court reiterated that at the stage of framing charges, the prosecution's evidence must be taken at face value to establish a prima facie case, necessitating further proceedings when strong suspicion exists.
Final Decision: The revision petition was dismissed, upholding the trial court's order to proceed with charges against the petitioner.
ORDER
This revision petition is filed at the instance of accused No.5 in C.C.No.21 of 2016 on the file of the Court of Special Judge (SPE/CBI)-I Ernakulam.
FACTS:
2. The Emigration Wing of Cochin International Airport Limited (CIAL) and Trivandrum International Airport was handled by the Kerala Police Department till it was taken over on 31.7.2012 by the Bureau of Emigration.
2.1. As per the regulations then existing, Emigration clearance required (ECR) passport holders, who were travelling abroad for the purposes other than employment, through tourist/visit visa, needed no emigration clearance from Protector of Emigrants (POE). They were only required to produce valid passport, tourist visa and flight ticket including return ticket. Persons who did not hold 10th class qualification (education) were included in ECR category.
2.2. It is the responsibility of the Emigration Officer at the departure side of the Airport to check the passport of the passenger with the aid of swiping machine by comparing the photo in the passport using Passport Registration and Identification System (PRIDE) or Passport Information Service on Net (PISON) or Ultra Violet Lamb for its genuineness, date of issue, date of expiry, photo substitution, page alteration etc., check Visa for its genuineness, check for lookout circular (LOC) and check for emigration clearance issued by the Protector of emigrants if the emigrant is with ECR passport and is travelling on Employment Visa.
2.3. The Central Bureau of Investigation got reliable information that a racket consisting of travel agents, their employees, emigration officials, officials repatriated from Kerala Police from emigration duties, involved in organized trafficking of people from India to the Middle East. The investigation revealed the involvement of around 45 persons covering a number of instances during the period 2008-2010. The CBI registered a crime and completed the investigation. Separate final reports were filed before the Court concerned in respect of individual transactions. The present case relates to one of such final reports.
2.4. Accused No.1 in the case was an Armed Police Sub Inspector of Kerala Police who functioned as Emigration Officer in Cochin International Airport Limited, Nedumbassery from 26.5.2008 to 24.4.2009. Accused No.3 was a Civil Police Officer who worked at CIAL Emigration Wing from 3.6.2003 to 5.7.2011. Accused No.4 is the father of accused No.3, who was operating Savings Bank Account at Federal Bank, Kottapadi Branch. A part of bribe money was sent to the account maintained by accused No.4.
2.5. Accused No.5, the present petitioner was the Armed Police Sub Inspector of Kerala Police who functioned as Emigration Officer at CIAL from 2006-2011. The other accused were travel agents having offices at different parts of Kerala.
2.6. Smt.Chirayil Shivadas Rohini (CW94), an illiterate lady who studied only up to 7th standard got emigration clearance on 19.6.2010. Sri.Punnoos (CW98) and his wife who were residing in the Middle East were in need of a maid. CW94, a resident of Ranni, was ready to work as a maid. CW98 obtained an employment visa to Rohini through his friend one Mr.Saif, a local emirate person from Sharjah. Since Rohini was holding ECR passport it was necessary to obtain emigration clearance from POE. One of the friends of CW98 introduced Mr.George John, accused No.1, to him stating that he would be able to get the emigration clearance required at ease. When contacted on 15.6.2010, Mr.George John agreed to process the emigration clearance of CW94 and also to arrange ticket for her travel to Dubai. He demanded Rs.25,000/-. Accordingly, Sri.Punnoos transferred Rs.25,000/- through his relative Thomas Alexander (CW93) to the account of Sri.Anil Sebastian, accused No.2, as instructed by Mr.George John (A1). Mr.Punnoose, sent copy of the employment visa and passport to accused No.1 on 15.6.2010 itself. On 17.6.2010 in the evening, Sri.Thomas Alexander (CW93) forwarded the
