J. JOSEPH Vs. GOVERNMENT OF INDIA AND OTHERS

JUDGEMENT

(1.) This writ petition has been filed by the petitioner, seeking a 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 March 3, 1986.

(2.) The case of the respondents as made out in the counter -affidavit is that the said passport which was issued on March 3, 1986, by the Embassy of India, Riyadh, is case property. The prosecution was launched against the petitioner under Sec. 56 of the Foreign Exchange Regulation Act, 1973, on June 26, 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, 19743, when the petitioner visited the officer concerned. This was on April 11, 1986. The petitioner further says that the passport has not been returned, and has been retained by the authorities concerned. The contention of the respondent as already noted above, is that the passport which was taken hold of from the petitioner, is case property in connection with the aforementioned case.