Final Order 1

Order Details: Order
Pdf Text: 1 CC No.2582/N/2022
CNR No.MHMM19-023860-2022
Altaf Valimia Achchhu
V/s. State of Maharashtra
ORDER
1. This is an application filed by accused for return of his passport
bearing No.S-3786838 and residential permit (Card) of United Kingdom
bearing No.RY1222967 seized in Cr. No.705/2022 registered with Sahar
Police Station.
2. I have perused the say filed by I.O. and learned APP.
3. Accused has filed his affidavit at (Exh.3) in support of his
application. He has filed copy of seized passport, residence card and Aadhar
Card.
4. 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 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 Section-10 of the Passport Act, 1967. Considering
the settled legal position and the guidelines in the cited case, I do not find
any reason to retain the passport and residence card. Hence, I pass the
interim order in the interest of justice :
O R D E R
(1) The application is allowed.
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2 CC No.2582/N/2022
CNR No.MHMM19-023860-2022
Altaf Valimia Achchhu
V/s. State of Maharashtra
(2) The Senior P.I. of Sahar Police Station, Mumbai is directed to
handover passport bearing No.S-3786838 and residential permit
(Card) of United Kingdom bearing No.RY1222967 to the accused/
applicant in purview of judicial ratio laid down by Hon’ble Supreme
Court in the cited case.
(3) The Senior 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 residence card on record.
(5) The applicant to produce the seized passport and residence card
whenever required before the Investigating Office.
(6) The police is directed to take the colour photographs of the seized
passport and residence card, prepare a detail/ proper panchanama of
the same.
(7) Applicant shall not leave India without permission of this Court.
(8) The police is directed to report the compliance.
Date : 02/12/2022 (S.A.R. Sayed)
Metropolitan Magistrate,
63rd Court, Andheri, Mumbai.
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