Gujarat High Court
Prashant Sureshbhai Sharma vs State Of Gujarat & 2 on 6 June, 2017
Author: G.R. Udhwani
Bench: G.R.Udhwani
C/SCA/10798/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 10798 of 2017
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PRASHANT SURESHBHAI SHARMA....Petitioner(s)
Versus
STATE OF GUJARAT & 2....Respondent(s)
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Appearance:
MR SIKANDER SAIYED, ADVOCATE for the Petitioner(s) No. 1
MR DEVANG VYAS, ADVOCATE for the Respondent(s) No. 2
PUBLIC PROSECUTOR for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE G.R.UDHWANI
Date : 06/06/2017
ORAL ORDER
1. By an order dated 05.06.2017 passed in Special Criminal Application No.4052/2017, the said petition was converted into Special Civil Application.
2. The petition has been filed seeking direction to the Regional Passport authorities to release the passport of the petitioner bearing No.L3348571 for a period of 5 years. The prayer in alternative is made for release of the passport for a period of three years.
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3. Considering the nature of dispute involved, RULE is made returnable forthwith. Learned Counsels appearing for the respective respondents waive service of notice of Rule.
4. Having considered the rival contentions, it appears that the above passport came to be impounded by the respondent No.2. The passport was applied for by the petitioner under the 'Tatkal Scheme' and it was issued to him without verification of his antecedents as under
the said scheme, no verification was necessary. However, subsequently, the 2nd respondent on finding the statement of the petitioner that no criminal case was pending against him, as a false statement, impounded the passport. The police verification indicated pendency of Criminal Case No.4336/2006 in the case of State vs. Prashantbhai Sureshbhai Sharma under Section 85(1)(3) and Section 66(1) of the Gujarat Prohibition Act in the Court of the learned 3rd Additional Page 2 of 5 HC-NIC Page 2 of 5 Created On Wed Jun 07 02:07:56 IST 2017 C/SCA/10798/2017 ORDER Judicial Magistrate, First Class, Ahmedabad.
5. Learned Counsel for the petitioner submitted that the said case has been disposed on 14.04.2008 and when the objection was raised by the passport authority in the year 2014, the case was not pending. It was argued that the passport authority had under the misconception of factual aspect that the said case was pending even in the year 2014, impounded the passport.
6. Learned Counsel for the respondent passport authority would contend that on the basis of the police verification report as also in absence of the certified copy of the final judgment in the said case, the respondent passport authority was well within its right to impound the passport.
7. It also appears from the submissions made by the learned Counsel that the certified copy of the judgment in the said case could not be made available to the Page 3 of 5 HC-NIC Page 3 of 5 Created On Wed Jun 07 02:07:56 IST 2017 C/SCA/10798/2017 ORDER petitioner for want of record with the trial Court. This Court by an order dated 01.06.2017 called for the remarks from the Court below. In pursuance to such an order, it is brought to the notice of this Court that the above case has been disposed of on 14.04.2008 but the record thereof is not available. Thus, it appears that the case which was shown to be pending in the police verification to the passport authority has infact been disposed of on 14.04.2008. It is not the case of the passport authority that any other case is found to be pending in the police report against the petitioner. Thus, there cannot be any legal hurdle in directing the respondent passport authority to release the passport to the petitioner, even in absence of the certified copy of the final judgment in the above case as the same is not available with the trial Court.
8. Accordingly, it is directed that the above passport shall be released to the petitioner immediately as the petitioner requires it for further process. The Page 4 of 5 HC-NIC Page 4 of 5 Created On Wed Jun 07 02:07:56 IST 2017 C/SCA/10798/2017 ORDER passport holder will remain present before the passport authority on 7th JUNE, 2017 with the requisite photo identity and after due verification of the photo identity, the passport as above stated shall be handed over to him.
9. The petition stands allowed to the aforesaid extent. Rule made absolute. Direct Service is permitted today.
Sd/-
(G.R. UDHWANI, J.) CAROLINE Page 5 of 5 HC-NIC Page 5 of 5 Created On Wed Jun 07 02:07:56 IST 2017