DINSHAD Vs. STATE OF KERALA

JUDGEMENT

(1.) This Crl. M.A has been filed seeking a direction from this court to permit the petitioner to apply for re-issue of the Passportof the applicant/appellant. The pplicant/appellant stands convicted in S.C No.454/2019 on the file of the Additional District and Sessions Judge, Kollam, under Sec. 8 read with Sec. 7 and Sec. 10 read with Sec. 9 (1) of the Protection of Children from Sexual Offences Act. He has been sentenced to rigorous imprisonment for three years and also to pay a fine of Rs.50,000.00.

(2.) Sec. 6 (2) (e) of the Passports Act, 1967 reads as follows:-

(3.) The learned counsel appearing for the applicant/appellant submits that though there is a similar restriction in respect of persons against whom an offence is alleged to have been committed in terms of the provisions contained in Sec. 6 (2) (f) of the Passports Act, the Government of India has issued G.S.R 570 (E) dtd. 25/9/1993 which lays down the conditions upon which the authority can consider issuance/re-issue of Passports to persons facing criminal proceedings. It is submitted that when the criminal appeal has been admitted and the sentence has been suspended, as in this case, the petitioner should be entitled to obtain a Passport subject to the stipulations contained in the above G.S.R.