IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 30TH JULY 2010 / 8TH SRAVANA 1932 WP(C).No. 19604 of 2010(Q) ---------------------------------------- CRIME NO.239/2010 OF KOTHAMANGALAM POLICE STATION. ................... PETITIONER(S): ----------------------- JOBY GEORGE, S/O.GEORGE, AGED 28 YEARS, MANGATTUKUZHUMBIL HOUSE, MEMMURY, PAMPAKUDA P.O., ERNAKULAM DISTRICT. BY ADV. SRI.BIJU ABRAHAM RESPONDENT(S): ------------------------- 1. THE REGIONAL PASSPORT OFFICER, PASSPORT OFFICE, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, KOTHAMANGALAM POLICE STATION, KOTHAMANGALAM. R1 BY ADV. SRI.T.P.M.IBRAHIM KHAN, ASST.S.G OF INDIA. R2 BY GOVT. PLEADER MR.KAMMAPPU. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/07/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. V.RAMKUMAR, J. ------------------------------------- W.P(C) No.19604 of 2010 -------------------------------------- Dated this the 30th day of July, 2010 J U D G M E N T Petitioner, in whose name Indian passport No.G 6068498 issued from the Regional Passport Office, Ernakulam (1st respondent) seeks a direction to the 1st respondent to issue a new passport to the petitioner. 2. The passport of the petitioner along with other documents was seized by the Sub Inspector of Police, Kothamangalam in connection with Crime No.239/2010 involving a fake visa transaction by the three accused persons in that crime. The offences alleged are 406, 420, 465, 468, 471 and 120B read with 34 IPC. After inducing the petitioner to part with large amounts of money on a promise of securing overseas employment, the three accused persons are alleged to have given him the passport in question containing fake visa endorsements. Since the passport of the petitioner is one of the material objects in the case, the same was forwarded to J.F.C.M, Kothamangalam which has retained the passport and has refused to grant interim custody of the same to the W.P(C) No.19604 of 2010 : 2 : petitioner. As per Ext.P3 certificate, the J.F.C.M, Kothamangalam before whom the case is now pending has however certified that the petitioner's passport is in the custody of that Court in connection with Crime No.239/2010 of Kothamangalam Police Station, alleging forgery and cheating and that the learned Magistrate has no objection in issuing another passport to the petitioner by the concerned passport authority. 3. The passport of the petitioner being a material object containing evidence of the commission of the offence, it cannot be returned to the petitioner. But, the petitioner who is desirous of getting a new passport cannot be denied the same merely because a passport had already been issued in his name and the same is not irretrievably lost. 4. There is, however, a technical snag in issuing a second passport to the petitioner without revoking the earlier one. Even though the learned counsel for the petitioner requested this court to invoke the power under Section 10(8) of the Passports Act, 1967, the said power can be exercised by the High Court only in revision and that too for passing an W.P(C) No.19604 of 2010 : 3 : order of revocation under Section 7 of the Act which presupposes a conviction of the holder of a passport under the Passports Act or the Rules framed thereunder. The petitioner has not been convicted under the Act or the Rules. Sub Sections 7 and 8 of Section 10 of the Act read as follows:- “(7) A court convicting the holder of a passport or travel document of any offence under this Act or the rules made thereunder may also revoke the passport or travel document: Provided that if the conviction is set aside on appeal or otherwise the revocation shall become void. (8) An order of revocation under sub-section (7) may also be made by an appellate court or by the High Court when exercising its powers of revision” Thus, the above course suggested by the petitioner’s counsel cannot be resorted to. But sub-section (4) of Section 10 of the Act provides for revocation of the passport by the Passport Authority on the application by the holder of the passport. W.P(C) No.19604 of 2010 : 4 : This Criminal M.C is accordingly disposed of permitting the petitioner to apply for revocation of his passport under Section 10(4) of the Act. If the petitioner so applies, the 1st respondent shall revoke the aforesaid passport by making the necessary changes in the computer data base instead of making the necessary endorsements in the passport which is in the custody of J.F.C.M, Kothamangalam. Upon such revocation, the petitioner will be entitled to apply for a fresh passport. The passport in the custody of the court shall be forwarded to the 1st respondent as soon as its use before the criminal court is over. V.RAMKUMAR, JUDGE dmb