Document Fragment View

Matching Fragments

(C) Your Lordships may kindly allow the present petition and issue appropriate orders directing respondents to disclose the information with respect to the Aadhar Card Holders which is sought by the investigating agency for the investigation of the case with C.R. No.I-22/2018, under Sections 406, 420, 467, 468, 471, 114 and 120(B) of Indian Penal Code and sections 34 and 42 of Aadhar Act, 2016;"

[3.0] Perusing the facts of the case, it appears that the complainant has filed an FIR with J.P. Road Police Station, Vadodara City being I-C.R. No.22 of 2018 against respondent Nos.2 to 6 herein for the offences under Sections 406, 420, 114 of the Indian Penal Code and after investigation, sections 467, 468, 471 and 120(B) of the IPC as well as sections 34 and 42 of the Adhaar Act, 2016 came to be added, as the respondent Nos.2 to 6 - accused in collusion with each other had shown notes of Riyal currency of 100 denomination and collected Rs.15,000/- from the complainant under false assurance of giving him Riyal currency to the complainant and gave only two notes of 100 Riyal and thus, committed offence of criminal breach of trust and cheating. After investigation it has revealed that respondent Nos.2 to 6 - accused are residents of Bangladesh and have forged some documents and offence is registered under the Aadhar Act, 2016 also.

[3.1] The respondent Nos.2 to 6 have also forged Aadhar Card and PAN Card which were found from their possession and for the purpose of identification and/or authentication of the Aadhar Card, it is important to get details of the accused persons which can be obtained from the respondent Authority and for that purpose, the State of Gujarat has filed the present petition as there is bar under Section 28 of the Aadhar Act, 2016.

[4.1] Perusing the facts of the complaint as well as the petition, it appears that the information of the accused who does not belong to India and who have forged Aadhar Card and other material documents and to unearth the truth and for coming to logical end of investigation, information is required. Considering bar under The Aadhar Act, 2016 and Aadhar (Amended) Act and other laws, disclosure of information including the identity, authentication of a person is barred but there is no bar under Section 33 of the Aadhar Act, 2016 and the High Court is competent to pass appropriate order in that regard. At this stage, provisions of sections 28, 29 and 32 of the Aadhar Act, 2016 are required to be referred to, which read as under: