Final Order 1

Order Details: Order
Pdf Text: 1 C. C. No.1085/N/2023
ORDER BELOW EXH.1
1. This is an application filed by applicant for return of
passport bearing No.M-4114102 seized in Cr. No.52/2022
registered with Sahar Police Station.
2. Brief contention in the application are as under :
He has been charged with offence punishable un-
der Section 188 of IPC r/w. Section 12 of Passport Act. Police
has seized his passport. He is in need of the same. He
undertake to produce said passport whenever required by this
Court. He has lastly prayed to allow the application.
3. APP has filed its say on the application itself. He
has submitted that seized passport is part of evidence. Hence, he
prayed to reject the application.
4. Heard advocate for applicant and APP. Advocate
for applicant has submitted that passport seized by the im-
migration officer is genuine. He has submitted that applicant is
ready to face the trial.
5. Applicant has filed affidavit in support of applica-
tion. He has filed copy of his Adhar card and passport.
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2 C. C. No.1085/N/2023
6. It is alleged that accused violated Gazette notifica-
tion issued by Foreign Ministry of Indian Government to the
effect not to travel in Libia country for security reason. It is
further alleged that accused violated said notification and
travelled into Libia. It is not the case of prosecution that
passport seized from applicant is bogus or obtained by
furnishing false information. Applicant is ready and willing to
abide by all the terms and conditions of this Court. Here, I am
fortified by the decision in the case of Suresh Nanda Vs. C. B. I.,
vide [ Appeal (Cri) No. 179/2008, dated 24/01/2008 ] wherein the
Hon’ble Supreme Court has held that, the Court cannot im-
pound the Passport unless specific steps have been taken by
concern department under Section- 10 of the Passport Act,
1967. Considering, the settled legal position and above discus-
sion, I do not find any reason to retain the passport of the appli-
cant. With this I pass following order :
O R D E R
1) Application is allowed.
2) The Sr. PI of Sahar Police Station is directed to
handover the Passport bearing No.M-4114102 to the
applicant in purview of judicial ratio laid down by
Hon'ble Supreme Court in the cited case.
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3) Investigating officer is directed to file colour verified
copy of passport on record.
4) The Sr. PI of Sahar Police Station, is at liberty to apply
for impounding of Passport of applicant as per Section
10(3) of Passports Act 1967, before the appropriate au-
thority.
5) Applicant shall not leave India without permission of
this Court.
Date : 27/06/2023
( Shri. R.D. Dange )
Metropolitan Magistrate,
63rd M.M Court, Andheri, Mumbai
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