HC frees Myanmarese sailor

A year-long suffering of a 36-year-old Myanmarese seafarer has come to an end with the Madras High Court quashing the criminal proceedings against him for alleged offences under the Passport Act and for cheating.
Mr. Zaw Lin, a Myanmarese national with a valid passport, was working as an oilman onboard MV Gati Pride from Aug. 14 to Oct. 9, 2011 on contract. While leaving for his country after signing off from the ship on completion of the contract, Mr. Lin was detained by the Immigration authorities stating that his photograph on the Continuous Discharge Certificate (CDC) had been tampered with.
Later, he was arrested for offences under the Passport Act read with Sections 420 (cheating and dishonestly inducing delivery of property), 468 (forgery for purpose of cheating) and 471 (using as genuine a forged document) IPC. A case was registered by the Airport Police and Mr. Lin was sent to Puzhal prison.
Meanwhile, Mr. Lin moved the Madras High Court with a prayer to set him at liberty. During arguments in the High Court, Mr. Lin’s counsel, Mr. P. Muthusamy, contended that after verification, it had been proved that the CDC had been issued by the Myanmar Government. He also produced the letter received from the Embassy of Myanmar to that effect.
Allowing the plea, Justice A. Arumughaswamy said that after investigation it had been proved that the CDC had been issued only by the competent authority. The letter sent by the Myanmarese Embassy said that the CDC was authenticated. A request had also been made in the letter to provide necessary assistance and release Mr. Lin and enable him to go back to his country immediately.
With a view to verifying the genuineness of the letter produced, the court directed the police to verify it with the Bureau of Immigration and inform it.
“In spite of the specific direction given by this court on Aug. 14, the police have not taken steps to report the same before this court. Therefore, there is no other option for this court except to accept the said letter dated Dec. 1, 2011 sent by the  Embassy of Myanmar,” Mr. Justice Arumughaswamy said.
The Judge said that in view of such position, he was quashing the proceedings against Mr. Lin.

www.sagarsandesh.com