J JOSEPH Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) This writ petition has been filed by the petitioner, seeking writ of mandamus or any other appropriate writ, directing the release of the petitioner's passport No. B-311527, issued by the Embassy of India, Riyadh on 3rd March, 1986.

(2.) The case of the respondents as made out in the counter affidavit, is that the said passport which was issued on 3rd March, 1986 by the Embassy of India, Riyadh, is case property. The prosecution was launched against the petitioner under Section 56 of the Foreign Exchange Regulation Act, 1973 on 26th June, 1986, and the same is pending in the court of the Additional Chief Metropolitan Magistrate, New Delhi.

(3.) The petitioner says that he was called for investigation/ examination by the authorities under the Foreign Exchange Regulation Act, who had directed him to appear before them along with the current passport and other documents. The passport was taken possession of by the Investigating Officer under the Foreign Exchange Regulation Act, 1973 when the petitioner visited the officer concerned. This was on 11th April, 1986. The petitioner further says that the passport has not been returned, and has been kept back by the authorities concerned. The contention of the respondents as already noted above, namely, that the passport which was taken hold of from the petitioner, is the case property in connection with the aforementioned case.