WILSON MASIH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner is not an accused in case FIR No.178 dated 3.8.2010 under Sections 420, 465, 467, 468, 471, 120-B of the Indian Penal Code, Police Station Division No.4, Jalandhar. The petitioner happened to give his passport to one Rahul Babbar-the accused, for renewal of the passport. Subsequently, nine passports were recovered from Rahul Babbar. It was found that Rahul Babbar was indulging in forgery of passports.

(2.) Be that as it may, the petitioner filed an application for return of his passport. The application has been declined on the ground that it is case property, having been recovered from the accused Rahul Babbar.

(3.) Since it is the admitted case that the passport of the petitioner was genuine and the petitioner is not an accused, it would be harsh to deprive the petitioner of his civil rights in using the passport for travel abroad. Be that as it may, because that passport is case property, so as to balance the equities, the trial Court can retain coloured photocopy of the passport for reference during trial. The petitioner can be put to terms for producing the original passport at a later stage as and when occasion arises during the course of trial.