..(1).. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO.336 OF 2007 Sara Mohamed Reza Najmi. ..Applicant. Versus The State of Maharashtra. ..Respondent. .... Mr.Aabad H.H.Ponda, Advocate for the Applicant. Mr.V.B.Konde-Deshmukh, APP, for State. .... CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. DATED : 9th September, 2008. DATED : 9th September, 2008. DATED : 9th September, 2008. P.C.: 1. Heard the learned Advocate for the Applicant and the learned APP for the State. 2. The applicant is seeking discharge in C.R. No.I-109 of 2006 of Manikpur police station. The said case is under Sections 420, 255, 256, 257, 465, 467, 468, 469, 471, 473, 474, 475, 476 read with Section 34 of Indian Penal Code. 3. The prosecution case is that information was received that in the house of co-accused fake passports and visas are being prepared. Hence raid ..(2).. was conducted at the said place and various fake passports and visas came to be seized. During the investigation, it was also learnt that some material which was necessary to prepare fake passports and visas was given by the husband of the applicant. Hence, raid was conducted at the office premises of the applicant and her husband. In the said office, the dye used for preparing fake passports was found. So also some other material to prepare the fake passport was also found in the said office. Thereafter, raid was conducted at the house of the applicant. In the house of the applicant again one iron dye which was used for preparing the fake visas came to be seized. This was seized from one cupboard. Thereafter, in another cupboard two half-printed Indian visas and seven other printed papers of passport sizes also came to be seized. So also, bundle of blank papers of light green, light yellow, rose colour, dark chocolate and purple colour also came to be seized. It is the prosecution case that these papers were used for preparing fake visas and passports. It is an admitted fact that the applicant was very much present in the house when the house came to be searched and the above mentioned ..(3).. articles came to be seized. However, Mr.Ponda submitted that the offences are only under Indian Penal Code and there is no presumption as is available under Section 138A of the Customs Act and under Sections 35 & 54 of the N.D.P.S.Act and hence it cannot be presumed that the applicant had a culpable mental state in respect of the articles seized nor it can be presumed that she had knowledge about these articles being in her house. It is stated that the husband of the applicant was involved in the offence and the applicant had nothing to do with the case. It was further submitted that there is no material to show that the applicant was in conscious possession of the articles which were seized from the house of the applicant.. 4. The material on record shows that when raid was conducted, the applicant was very much present in the house. Incriminating material came to be found from different cupboards in the house. None of the cupboards were locked. The applicant was living in the said house along with her husband. Whether the applicant was in conscious possession of the forged documents i.e. visas and other incriminating ..(4).. material is a question of fact which will have to be decided after the evidence has been led. The applicant was very much present in the house. She was residing in the said house at the relevant time. The incriminating material came to be seized in her presence. Hence, at this stage it can be said that there is sufficient material to proceed. Hence, no case is made out for discharge. Application is rejected. (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.)