MOHD IRFAN GANI Vs. UOI

JUDGEMENT

(1.) THE petition impugns the order dated 10th May, 2010 of the Appellate Authority under Section 11 of the Passports Act, 1967 dismissing the appeal preferred by the petitioner against the order dated 16th March, 2009 of the Embassy of India at Rabat, Morocco revoking the Passport No.G4546002 earlier issued to the petitioner and valid from 10th April, 2008 till 19th April, 2018.

(2.) THE petitioner stationed at Morocco had applied to the Embassy of India at Rabat for a duplicate passport claiming that his original passport had been lost. During the pendency of the said application, it was realized that the brother of the petitioner namely Mr. Rouf Ahmed Ghani had travelled on the said passport. A notice dated 10th February, 2009 was thus issued to the petitioner to show cause as to why the passport earlier issued to him and reportedly lost should not be impounded/revoked for contravention of the condition that the passport holder shall not allow anybody else into custody/possession thereof.

(3.) THE Appellate Authority in the order dated 10th May, 2010 has held that the brother of the petitioner namely Mr. Rouf Ahmed Ghani, who was also at Morocco and was an accused under prosecution in Morocco and whose passport had been impounded by the Morocco authorities, had fled from Morocco on the passport of the petitioner. Thus, the order of revocation/impounding was upheld.