GURPREET SINGH Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) The brief facts leading to the filing of the present Writ Petition are that in the intervening night of 07/08.12.2006, the petitioner holding an Indian passport No. B-3782415 dated 24th September, 2001, issued from Jallandhar, arrived from U.S.A. by flight No.SQ-408. On his approaching immigration clearance, his passport was scrutinized and it was found that page numbers 15 to 22(eight pages) were missing, that is, the pages containing the departure stamp of immigration from India (Amritsar Airport) and the U.S.A. visa. A complaint was received from the Immigration Officer by Police Station I.G.I. Airport, New Delhi for the registration of a case, and on the aforesaid complaint of the Immigration Officer, FIR No.695 dated 7th December, 2006 under section 12 of the Passports Act, 1967 was registered against the petitioner. The passport of the petitioner and his other travel documents were seized. The petitioner was arrested and subsequently released on bail.

(2.) The petitioner in the present writ petition has averred that he was married to Kisun Shereen on 16th June, 2005 and that his wife is a citizen of U.S.A. He was issued a visa by the U.S.A. Embassy, New Delhi on 12th September, 2006 which was to expire on 11th March, 2007. Pursuant to the issuance of the said visa by the US Embassy, (he) the petitioner left for America on 25th October, 2006 to join his wife, who is a resident of 8909-Glen Alder Way, Sac CA 95826-916214-4401 Cell America. He joined his wife in U.S.A. and started his life there. In due course he was issued a permanent resident card. He, however, had to return to India unexpectedly because of a death in the family and on his reaching New Delhi in the intervening night of 07/08.12.2006, he was arrested by the police on the ground that eight pages were missing from his passport when checked at the Immigration Counter at IGI Airport, Delhi.

(3.) I have heard counsel for the petitioner as well as counsel for the State.