- (1.) The present revisional application has been filed praying for quashing the proceedings arising out of G.D. reference No. 996 dated 24.06.2010 of N.S.C.B.I. Air Port Police Station, District-24 Parganas (North) under Section 420/468/471/120B of the IPC and Section 12 of The Passports Act, 1967.
(2.) Learned lawyer for the petitioner submits that the aforesaid case was initiated on the basis of a complaint dated 24.06.2008 lodged by Jaydeep Banerjee, S.I. (SCO) before the Inspector-in-Charge N.S.C.B.I. Airport Police Station, District 24 Parganas (North) contending inter alia, that, On 24.06.2008 an Indian national by the name of Malcolm War Macleod (D.O.B. 10.09.1961), S/0: Allan Macleod, of 123/12, N Dam Lane, Laban East Khasi Hills, Meghalaya, Pin: 793 004 and also of Plot No. 9, Near Bethesda Kenches Trace, Shillong, reported to N.S.C.B.I. Airport Immigration (Departure Side), Counter 6 manned by the defacto complainant, to obtain clearance to travel to Bangkok by flight No. TG-134. Scrutiny of his passport revealed that page Nos. 31/32 of his Indian passport No. E2744760/Guwahati/24.09.2002 - 23.09.2012 was missing. The passenger was, therefore, subjected to interrogation during which he admitted the he had torn off the page 31/32. His intention in doing so, as per the passenger, was to suppress the fact that on that page there were endorsements from the Canadian Embassy refusing him visa, and he was apprehensive that it will prevent him from travelling abroad. When corresponding pages 5/6 of the passport came loose, he admits to having used super glue to stick them back again.... On receipt of such complaint investigation was made and charge sheet has been submitted against the petitioner under the aforesaid provisions of the Act.
(3.) It is contended by the learned lawyer for the petitioner that without proper investigation and enquiry charge sheet has been submitted arbitrarily against the petitioner being charge sheet No. 33 dated 24.06.2008 which should be quashed.;