The Assistant Sessions Judge HB Shelke also fined the accused Mumtaz Rasul Shaikh (45) and Munira Akhtar Husein (30) of Nodaile district of Bangladesh a sum of Rs 5,000 each in his order issued on March 28, 2018.
The duo were found guilty of Offence under Rule 3(a) Punishable under Rule 6(a) of Passport (Entry into India) Rules 1950. Additional Public Prosecutor Ujjwala Moholkar appearing for the prosecution told the court in her submission that acting on a tip off a team of officials of the Anti-Human Trafficking Cell (AHTC) of the Thane District Rural Police led by API Sanjay Bangar kept a vigil at a place in Mira Road on the fateful day July 15, 2017, and spotted some women standing near a bank. The police team accosted them and even when they were quizzing them other ran away and the two alleged accused Bangladeshi nationals were caught. They resided in slum colonies and worked as labourers in the vicinity and did not not possess any valid documents for stay in India and hence were booked and prosecuted.
In his order, the judge further noted upon hearing on the point of sentence the accused stated that they were poor and entered India for finding work for their livelihood. The Counsel for the accused submitted that the accused were in custody since July 15, 2017. Lenient view be taken while sentencing the accused and they be sentenced only to the term they have already undergone in the custody.
From the statements of the accused recorded by the police, it was revealed that the accused were poor women and entered India for finding work to earn their livelihood. However, it was to be noted that the accused were gathering before the Corporation Bank in the evening for finding the work. They were caught and taken in custody by the Illegal Human Trafficking Cell of Police which indicated that the accused were doing the work which was prohibited.
In his order the judge also stated that the state would seek necessary orders from the prescribed authority under Section 5 of the Passport (Entry into India) Act, 1920, and the accused be removed from India and be deported to their country after undergoing the sentence of imprisonment.