The Allahabad High Court recently dismissed the bail plea of a Chinese man who allegedly forged a passport, Aadhar card and tampered his visa extension and underlined the India-China relations.
Justice Arun Kumar Singh Deshwal noted that India and China have “no extradition treaty” and, therefore, if the applicant Xue Fei alias Koei left the country illegally it would not be possible to bring him to justice.
Key findings
- Cannot ignore the relationship of India with China by overlooking the mandate of Section 57(11) (courts must take judicial notice of the commencement, continuance, and termination of hostilities between the Government of India and any other State or body of persons) of the Evidence Act.
- Chances if released on bail, he may leave the country illegally as another co-accused has already left and still untraceable.
- Indirectly involved in economic offence and causing threat to the economic interest of India.
- Accused staying in India on the basis of forged passport and Aadhar card and involved in illegal extraction of mobile chips, processors and sending them to China.
- Police in their investigation recovered one forged passport, forged Aadhar card of the applicant in the name of Laakpa Sherpa from a flat in Noida and a huge star hotel in Gurugram.
- He tampered with his visa extension from the year 2020 to 2022 which had already expired in the year 2020.
Case
Fei filed a bail plea in connection with the FIR lodged at the Gautam Buddha Nagar Police Station in 2022 under Sections 419 (punishment for cheating by impersonation) 420 (cheating), 467 (forgery of valuable security, will, etc), 468 (forgery for purpose of cheating), 471 (Using as genuine a forged document or electronic record), 120B (criminal conspiracy) 201 of the IPC and several provisions of the Foreigners Act and 66D of the Information Technology Act.
According to the prosecution, the incident also involves two other Chinese nationals, namely, Yuyan Heyang and Loo Long, who were arrested while entering India through Nepal.
The police’s investigation led to Fei, who was staying in Noida. The police recovered a forged Indian passport and a forged Aadhaar card in the name of Laakpа Sherpa, and found that Fei had allegedly tampered with his visa by extending its validity from 2020 to 2022.
A search at the a five-star hotel in Gurgaon resulted in recovery of multiple forged Aadhaar cards of another accused, along with other incriminating material, the prosecution alleged.
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It further came on record involved in transferring the funds into different shell companies.
These companies were involved in purchasing crypto currency and siphoning off the money from India to other company but no charge in the chargesheet regarding siphoning off the money was levelled against the applicant.
Arguments
His counsel Abhishek Chauhan, Amir Siddiqui, Naveen Prakash and Sumant Kumar Tiwari argued that their client was framed in the case.
They submitted that Fei was implicated merely on the basis of the confessional statement of co-accused besides the statements of some other witnesses, as the person who is looking after entire business of the named companies.
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He further submitted that the applicant is in jail since June 14, 2022 and till date out of total 76 witnesses, nine witnesses have been examined, therefore, trial will take time to conclude and the applicant cannot be kept in jail till conclusion of trial despite the fact that there is no likelihood of early conclusion of trial.
Government advocates R P S Chauhan and Rupak Chaubey opposed the submissions and argued that the applicant was the “kingpin” of the entire illegal activities as he was extracting processors and chips from the scrap and sending them to China.
The prosecution argued “India does not have good relationship with China and there is no extradition treaty, therefore, if the applicant is released on bail there are chances of his fleeing away or illegally running away”.
He was also doing illegal business in India and siphoning off the money through HTZN Pvt Ltd Company and Tianshang Renjian Pvt Ltd Company, they added.
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The prosecution submitted that in case the bail plea was allowed, there were chances that he may flee to China and may not be available during trial as India has no extradition treaty with China.
Co-accused Twensang Dorgi has already left the country and remains untraceable, it was alleged.
Decision
The high court also took note of an order of the coordinate bench which had already dismissed the bail application of six co-accused- Ryn alias Ren Chao , Pete Lirinuo alias Pette, Zong Hao Zhe alias Jon, Ashok, Jai Bhart Thakkar, Ravi Kumar.
“Material in case diary which prima facie show that the applicant has committed forgery, in preparation of passport, aadhar card and visa and staying illegally in India to carry out activities which fall under the category of economic offence, therefore, applicant is not entitled to be released on bail,” the bench said.
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Referring to the material on record, the court said “the applicant was staying in India on the basis of forged passport and Aadhar card and involved in illegal extraction of mobile chips and processors and sending them to China”
“And he is indirectly involved in economic offence as well as the causing threat to the economic interest of India,” the order said.
