Final Order 1

Order Details: Order
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ORDER BELOW NOTICE BEARING NO.1760/N/2023
IN CR NO.206/2023 OF SAHAR POLICE STATION, MUMBAI.
ASHWINKUMAR S/O. MANILAL ..... Applicant
V/s
The State of Maharashtra
Sahar Police station, ...... Respondent
O R D E R
(Dated 01.11.2023)
1) The applicant is seeking custody of his PORTUGUESA
passport bearing No.CBO24418 and O.C.I. Certificate/ Card No. A
1793189 seized in CR No.206/2023 registered with Sahar police
station. (mentioned in the application)
2) I have heard learned APP and learned advocate for
accused at length.
3) Ld APP has filed his say and he has strongly opposed to
return the property.
4) In the present matter, the investigating officer has seized
alleged muddemal from the possession of accused. I have perused
the contents of FIR. The allegations against the accused in respect
of visa, therefore, the prayer of accused to return the passport can
be considered.
5) The applicant has filed affidavit alongwith supporting
documents viz copy of xerox copies of FIR and passport. Accused
is ready and willing to abide by all the terms and conditions of this
Court. Furthermore, here I am fortified by the decision in the case
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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 impound the Passport unless specific steps
have been taken by concern department under Section10 of the
Passport Act, 1967. Considering the fact and circumstances, the
application filed by the applicant is deserves to be allowed with
certain stipulation as under :
ORDER
1. Application is allowed.
2. The Senior P.I. of Sahar Police Station, Mumbai is
directed to handover PORTUGUESA passport bearing
No.CBO24418 and O.C.I. Certificate/ Card No. A1793189 seized
in CR No.206/2023 registered with Sahar police station.
(mentioned in the application) to the accused/ applicant.
3. P.I. of Sahar Police Station, Mumbai is at liberty to apply
for impounding of Passport of accused as per Section 10(3) of
Passports Act, 1967 before the appropriate authority.
4. The applicant is directed to file colour verified copies of
seized passport and certificate after receiving original one.
5. The applicant to produce the seized passport & O.C.I.
Certificate whenever required before the Investigating Officer.
6. The police is directed to take the colour photographs of
the seized passport and O.C.I. Certificate and prepare a detailed/
proper panchanama of the same.
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7. Applicant shall not leave India without permission of this
Court.
Sd/
Dt.01.11.2023 (Hashmi H.A.H.I.)
Metropolitan Magistrate,
65th Court, Andheri, Mumbai.
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