THANAPAL Vs. ASSISTANT COLLECTOR OF CENTRAL EXCISE

JUDGEMENT

(1.) THIS is a petition by a citizen of Singapore praying to direct the respondent to return the pasport of the petitioner to enable him to go over to Singapore and come back to India within such time this Court may fix, subject to such terms and conditions which this court may deem fit and proper.

(2.) THE case of the petitioner is that his passport was seized by the customs authorities on 24-1-1985 along with other articles brought by him, that the passport was not entered in the mahazar of seizure, that the petitioner is compelled by the requirement to undergo military training of his country to go back immediately, that he is possessing property worth Rs. 5 lakhs in Pudukkottai in his own name, that he is assessed to Wealth Tax in India and the assessment in the Wealth Tax shows the value of the property at Rs. 4. 5 lakhs and that he has number of family links in India. He contends that the Assistant collector of Central Excise, Madras, has no power to seize his passport and such seizure is violative of his fundamental right to travel.

(3.) ANOTHER complaint of the petitioner is that though the arrest took place on 21-1-1985 the respondent has not so far filed any complaint before the competent Court and that this amounts to violation of justice. The petitioner is at liberty to take such steps as he deems fit in respect of this delay. We are not concerned in this petltion for return of passport by that aspect of the problem.