1 2 Pune: The court of Additional Sessions Judge S R Salunkhe on Tuesday convicted a Pakistani national, Muhammad Amar Ansari, under the provisions of the Indian Passport Act for suppressing information about his nationality to secure an Indian passport.Judge Salunkhe converted two years and two months served by Ansari in Yerawada Central Prison as his sentence but acquitted him of charges of cheating and forgery, citing lack of evidence."Ansari would be deported to Pakistan within 15 days.
Till then, he would be allowed to stay at the residence of his parents' guest, but he will have to give attendance at Khadak police station till the deportation process is completed," DCP (special branch) and head of foreigners' registration office Milind Mohite said.The state's case was that Ansari was found in possession of three Pakistani passports, an Indian passport, and other forged documents and he was illegally staying in the country without a valid visa between August 13, 2015, and March 14, 2023. He was arrested on March 15, 2023.
Ansari's lawyer, Zaheer Pathan, told TOI, "My client deposited a fine of Rs 10,000 as per the court order. He was released from jail on Wednesday evening, but he was taken into custody by the Khadak police for the purpose of recording his statement."Khadak police's senior inspector, Shashikant Chavan, said, "We would produce the accused before the Foreigners Registration Office and submit a report to initiate the process to deport him to Pakistan.
"The court has allowed the accused to retain the Pakistani passports and ordered the competent authorities to confiscate his Aadhar card and PAN card. The accused was directed to execute a personal bond and surety bond of Rs 30,000 within eight days of his release.Additional Public Prosecutor Anil Kumbhar relied on the testimonies of six witnesses to show that the accused suppressed information about his birth and nationality for securing an Indian passport and travelled to Dubai.
Judge Salunkhe, in his 40-page judgment, said, "The Aadhar card, PAN card, college leaving certificate, and Indian passport issued to the accused are genuine. Therefore, there was no reason for the accused to have any dishonest or fraudulent intention to use them or make others believe that they are genuine documents. The accused did not commit offences of cheating and forgery of the documents.
He used the same for bona fide purposes."The judge opined that it was clear from the record that the visa of accused expired and he applied for a long-term visa, which was pending consideration. Unless the decision on his application is taken by the competent authority, it cannot be said that his stay in India is illegal.
There are no allegations that the accused breached the visa conditions.After the expiry of his grandmother, the accused applied for an Indian passport to meet his brother in the UAE. He mentioned his birthplace as Pune and citizenship of India by birth.
He used the Aadhar card and PAN card as proof. This amounts to suppressing information about his nationality within the meaning under section 12 (1A) (a) of the Passport Act, the judge said, adding that the prosecution proved its case under the Act but did not prove other offences against the accused..