NISAMUDEEN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is indicted as the sole accused in Crime No. 334 of 2011 of Vithura Police Station for allegedly having committed offences punishable under Sections 12(1)(b), 2 (1a)(b) of the Passports Act, 1967.

(2.) The prosecution allegation is that the petitioner had secured a passport showing his name and address as "Nisam, S/o.Rasheed, Nisam Manzil, Thonnakkal" in the year 1997. While so , on 22.02.2010, the petitioner applied for issuance of a fresh passport at the Regional Passport Office, Thiruvananthapuram under the Tatkal Scheme following which he was issued a passport bearing No. H -7507369 dated 23.2.2010 on Post Verification basis. Later, on the reception of an adverse police verification report it was revealed to the passport authorities that the petitioner was not residing at the address furnished in the application form. Explanation was sought for and the petitioner appeared before the authority and surrendered his passport bearing No. H -7507369 on 3.12.2010. It was then found out that on 19.05.1997, the petitioner had secured a passport A -2946892, using which petitioner had travelled abroad.

(3.) The case was referred to the District Police Chief, Thiruvananthapuram Rural, on 10.02.2011, and on its basis the aforesaid crime was registered.