LAWS(MAD)-2009-1-166

R DHANAPALAN Vs. STATE

Decided On January 22, 2009
R.DHANAPALAN Appellant
V/S
INSPECTOR OF POLICE Respondents

JUDGEMENT

(1.) THE petitioner is not an accused in the case. THE main accused in the case was found in possession of 19 passports for the purpose of sending the passport holders abroad for employment. Since there was no requisite licence, prosecution has been launched under Sec.12(1)(d) of THE Passports Act, 1967, which reads as follows:

(2.) THE learned counsel for the petitioner submits that the petitioner has deposited his passport seeking for employment abroad and unfortunately, it has been seized during the course of investigation. However, on instructions, the learned counsel submits that the petitioner is willing to give evidence since he has been taken as witness in the case at the time of enquiry before the learned Magistrate, even before the trial of the case.

(3.) IN a case reported in (2003 SCC (Cri) 1943), Sunderbhai ambalal Desai vs. State of Gujarat, certain procedures have been prescribed for returning the property under Sec.451 Cr.P.C.