MOHAN LAL Vs. UNION OF INDIA

JUDGEMENT

(1.) By this common order bunch of five Writ Petitions is disposed of as issue involved in all the petitions is identical. For the sake convenience, facts are borrowed from CWP No. 27167 of 2018.

(2.) The petitioner through the instant petition under Articles 226/227 of the Constitution of India is seeking direction to respondents No. 1 to 3 to renew passport of the petitioner.

(3.) Brief facts of the case which are necessary for the adjudication of present case are that the petitioner was issued passport on 22/8/2005 which expired on 21/8/2015. An FIR dtd. 13/3/2008 under NDPS Act came to be registered against him. The trial court vide judgment dtd. 9/10/2013 convicted the petitioner under Sec. 15 of NDPS Act and sentenced to imprisonment of 10 years. The petitioner assailing judgment of conviction and order of sentence preferred an appeal CRA-S-3725-SB of 2013 before this Court which came to be admitted vide order dtd. 25/11/2013. The sentence of the petitioner came to be suspended vide order dtd. 14/2/2017 passed by this Court. The petitioner on 7/7/2017 moved an application seeking renewal of his passport. The petitioner was informed vide communication dtd. 17/7/2017 that there is an adverse police report. The application of the petitioner came to be closed. The petitioner, in the pending appeal, preferred an application before this Court, seeking direction to respondents to renew his passport which came to be dismissed vide order dtd. 25/9/2018. The application was dismissed observing that relief sought for by petitioner is civil in nature and in case of denial of his application, he has remedy to file civil writ petition.