ANANDA ALIAS SADANANDA Vs. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM

JUDGEMENT

(1.) Petitioner is the accused in C.C No.293 of 2014 on the file of the Chief Judicial Magistrate Court, Kasaragod. He is charged with offences punishable under Section 17 of the Kerala Money Lenders Act, 1958 and section 12(1) (b) of the Passports Act, 1967.

(2.) Heard the learned counsel for the petitioner and the learned Public Prosecutor.

(3.) Learned counsel for the petitioner contended that possessing two passports will not fall within section 12(1)(b) of the Passports Act, 1961. According to him, the prosecution case, if believed in toto, will reveal only an illegality contemplated under Section 10(3) (b) proviso of the Passports Act. I am afraid, I cannot accept this contention for the reason that proviso to Section 10(3)(b) only makes the second passport liable to be impounded or revoked. Section 12(1)(b) contemplates offence for furnishing false information for securing the passport. This Court sitting in jurisdiction under Section 482 Cr.P.C , 1973may not decide such an issue.