Telangana High Court
Stephen Live Sedge vs The State Of Telangana on 15 November, 2018
THE HONOURABLE Dr.JUSTICE B.SIVA SANKARA RAO
Criminal Petition Nos.12084 and 11387 of 2018
ORDER :
Impugning the dismissal orders in both the Criminal petitions covered by Crl.M.P.No.1262 of 2018(in Crl.P.No.12084 of 2018) dt.09.11.2018 VII Metropolitan Magistrate, Cyberabad at Rajendranagar, Ranga Reddy district in Cr.No.539 of 2018 of P.S. RGI Airport registered for the offences punishable under Sections 25(1(B)(a) of the Indian Arms Act against the petitioner/sole accused for his possession of 25mm ammunition in his bag who was travelling to Mumbai from Hyderabad by Spice Indigo Airlines Flight 6E- 608 on 04.10.2018 in the course of screening at 8.15hours the bags at Level 4 of the RGJ Airport. It is the root cause in registration of the crime sought for under Section 6(2)(f) of the Indian Passport Act, 1967 (for short, 'the Act') permission to go abroad i.e. USA in the period from 10.11.2018 to 15.11.2018 to perform his daughter's marriage and return back his passport No.488114795 issued by United States of America.
In Crl.P.No.11387 of 2018 against the orders dt.11.10.2018 passed in Crl.M.P.No.1176 of 2018 by the same Court supra in Cr.No.539 of 2018 of same Police Station supra which petition is filed under Section 451CrPC, in seeking to return said passport referred supra for the purpose mentioned in the Crl.P.No.1262 of 2018 supra.
Both the above petitions are dismissed, after hearing, with the observations that so far as return of passport to the petitioner concerned, Court has already passed order holding that the petitioner is not Indian citizen and if his passport is returned, there will be absolute probability of him fleeing away out of the country due to which any possibility to secure his ensuing appearance will not be possible and the same hampers investigation and subsequent trial.
2
The claim in seeking return of the passport to leave the country in Crl.M.P.No.1262 of 2018 is to perform marriage of his daughter and for his treatment for the ailments and the same is dismissed with the observation that by virtue of dismissal of the application for return of the passport in Crl.M.P.No.1176 of 2018 supra and against which the Crl.P.No.11387 of 2018 shown filed before the High Court challenging the dismissal order, the learned Magistrate observed of cannot permit under Section 6(2)(f) of the Act to leave the country. So far as the dismissal of the Crl.M.P.No.1176 of 2018 concerned, it is observed that from the investigation in progress and the offence alleged is of serious in nature and also the other reasons referred supra and the same is the impugnment herein.
The passport is undisputedly in the custody of the Court. The question of return of passport arises when once involved in the crime in India by virtue of Section 6(2)(f) of the Act, 1967 read with Sections 6 and 22 of the Act from the circular in GSR No.570(E) issued by the Ministry of External Affairs, Union of India, dt.25.08.1993 obtaining permission of the concerned Court wherein crime pending within the jurisdiction is mandatory which is pre-requisite even for taking return of the passport thereby. The petitioner moved the petition in Crl.M.P.No.1176 of 2018 and after its dismissal on 11.10.2018 participated in the hearing in Crl.P.No.1262 of 2018 which was filed only on 08.11.2018 that was also dismissed.
The law is fairly settled that by virtue of the power the Ministry can exercise the discretion as held in the expressions in William Scott Pinckney Vs. State of Andhra Pradesh1, Abdul Gaffar Khan Vs. State of Telangana2 and also the expressions of the Apex Court in Suresh Nanda Vs. Central Bureau of Investigation3 1 2015(1) ALD(Crl) 590 2 2014 (2) ALD(Crl)807 3 (2008) 3 SCC 674 3 Undoubtedly, the petitioner in support of seeking return of the passport filed material showing his daughter's marriage already fixed to be performed on 24.11.2018 and venue also was booked for the wedding reception etc., and also the proceedings received from the US Department of Justice dt.17.10.2018 that based on the National Criminal Information Centre (NCIC) stating there is no any criminal history associated with the petitioner who was born on 30.04.1951.
Thereby, taking into consideration of these facts, Both the Criminal Petitions are allowed by setting aside the orders in Crl.M.P.No.1262 of 2018 dt.09.11.2018 and 1176 of 2018 dt.11.10.2018 on the file of the VII Metropolitan Magistrate, Cyberabad at Rajendranagar, Ranga Reddy district and consequently permitting the petitioner to obtain transit permission to leave India to attend the function during the period between the 16.11.2018 till 16.12.2018 (both days inclusive) subject to execution of self-bond for Rs.5.00 lakhs in the form of FDR for the equal sum or by deposit of cash with an undertaking of his return with passport and re-submit the passport by 17.12.2018. In the event of his failure to so comply, without any further reference, the learned Magistrate shall forfeit said amount under Section 53 of the IPC as penalty for non-return of passport and non-return to India or for either of them without prejudice to the other recourse available under law. The learned Magistrate shall keep Photostat copy of the original passport duly signed by petitioner to the file while returning original only on execution of the self-bond and deposit of the FIR/cash supra. Pending miscellaneous petitions, if any, shall stand closed.
_________________________ Dr. B.SIVA SANKARA RAO J, Date:15.11.2018 Note: Issue copy forthwith.
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