A US pilot working in an Indian aviation company here, has been discharged by a Delhi court of the charges of tampering with a DGCA authorisation letter permitting him to fly in the country.
Metropolitan Magistrate Pankaj Sharma discharged Captain Edmond Danvers Clifford II, who was accused by the Directorate General of Civil Aviation (DGCA) of changing the expiry date of his flying permission on the Foreign Aircrew Temporary Authorisation (FATA) letter from December 31, 2013 to December 31, 2014.
"...The facts emerging therefrom taken at the face value do not disclose the existence of all ingredients of the alleged offences.
"Mere tampering in the year cannot validate the same for another year and also facts do not disclose that accused tried to use it for his flying operation after expiry on December 31, 2013," the magistrate said.
The court discharged him of charges under sections 466 (forgery of court record or public register), 471(using forged document as genuine) and 474 (possessing such document) of IPC.
The court noted that Clifford had three FATAs and one of them was to expire on April 28, 2014, hence, during surprise checking by DGCA on April 13, 2014, he had a valid permission.
"On the date of surprise check by DGCA, accused was having a valid authorisation in his favour authorising his function as 'Line Pilot'. He had gotten it renewed...," it said.
"There is no prima facie evidence on record to show complicity of the accused with the alleged crime and he is discharged of the offences...," it said while also noting that there was no forensic evidence to prove the same.
According to complaint filed by DGCA on April 21, 2014, Captain Clifford, who was employed with a private Indian company here, had violated the Aircraft Rules(1937) and other provisions of IPC by changing expiry date of his permission to fly in the country in an authorisation letter issued to him.
It had alleged that Clifford, a US national holding pilot licence issued by Federal Aviation Administration (FAA), USA, was employed in the Indian firm to perform flying duties here.
Clifford was issued FATA by DGCA as a permission to fly in India, which was valid from May 8, 2013 to December 31, 2013, it said, adding that on a surprise check by DGCA on April 13, 2014 of an aircraft which was piloted by Clifford, it was found that there was over-writing/tampering on the year of validity on FATA.
In his defence, Clifford claimed that he had valid letter of permission on the date of surprise check which was valid till April 28, 2014.
