Final Order 1

Order Details: Order
Pdf Text: IN THE COURT OF ADDL. CHIEF METROPOLITAN MAGISTRATE,
22ND COURT, ANDHERI, MUMBAI.
Notice No. 2201483/N/2018
C.C. No. 1320/PW/2012
Sahar Airport Police Station
Mr. Anatu Ram S/o. Jagna Ram … Applicant
V/s.
State (Sahar Airport Police Station)
...Respondent.
ORDER BELOW APPLICATION FOR PERMISSION FOR ISSUANCE
OF PASSPORT
This is an application for return of passport.
2. In short, it is the contention of the accused that he was
arrested on 18.07.2011 in connection with an offence u/s. 465, 468 and
471 of the Indian Penal Code registered with Sahar police station on
allegation of forged paper visa of Oman country. It is further contention
of the applicant / accused that in the aforesaid crime, the passport came
to be seized by Sahar police station and currently it is lying with the
police station. It is further contention of the accused that in so far as
passport is concerned, there are no allegations of forgery. It is further
contended by him that he urgently in need of passport as he has to
apply for job and for that purpose passport is required for renewal
which is going to expire in August 2019. The accused undertakes to
deposit the passport as and when required by the court. Lastly, he
prayed to return his passport on certain terms and conditions.
3. Perused the say of Ld. APP for the State, she has opposed
the application contending that accused tried to travel on fake Visa of
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Oman and thereby cheated the Immigration Authority. She therefore
prayed to reject the application.
4. I have gone through the application which is supported by
affidavit and say filed by the Ld. APP by the State.
5. Having heard the Ld. Counsel for the accused and Ld. APP
for the State, I have gone through the chargesheet in C.C. No.
1320/PW/2012, there appears no allegations against the accused in
respect of tampering and forgery of passport. The accused is the lawful
claimant of the said passport. He undertakes to produce the passport as
and when required. Therefore, no prejudice be caused to the
prosecution if the application as prayed is allowed and passport is
returned to the accused on certain terms and conditions. In the result,
following order is passed :
ORDER
1. Application is allowed.
2. The seized Indian Passport No. H6970280 issued at Jaipur on
09.12.2009 by Regional Passport Officer be returned to the
applicant subject to following conditions :
(i) He shall deposit cash security of Rs. 25,000/ (Rupees Twenty
Five Thousand Only) for return of passport when required
(ii) He shall not tamper with the passport.
(iii) He shall produce the passport as and when required by the court,
if he fails to produce the passport before the court, the amount of cash
security would be automatically stands forfeited.
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(iv) Police station Sahar is directed to obtain the xerox copy of the
passport before handing it over to the applicant / accused.
(v) Inform to concerned police station accordingly.
Sd/
(S. N. Salve)
Addl. Chief Metropolitan Magistrate,
22nd Court, Andheri, Mumbai.
Dt. 31/01/2019
aaw
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