IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 1ST JANUARY 2009 / 11TH POUSHA 1930 WP(C).No. 35509 of 2008(B) -------------------------- PETITIONER(S): --------------- AHAMMED ALI KUMBLA ABOOBACKER, FATHIMA MANZIL, P-O KUMBLA, KASARAGOD DIST. BY ADV. SRI.T.B.SHAJIMON RESPONDENT(S): --------------- 1. UNION OF INDIA, MINISTRY OF EXTERNAL AFFAIRS, NEW DELHI. 2. THE REGIONAL PASSPORT OFFICER, KOZHIKODE PASSPORT OFFICE, BY-PASS ROAD, ERANHIPALAM.P.O, KOZHIKODE, KERALA. 3. STATE OF KERALA REP BY INSPECTOR OF POLICE, KUMBLA POLICE STATION, REP BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR FOR R3 ADV. SMT.D.P.RENU,CGC, FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT, J ------------------------------------ W.P(C). No.35509 of 2008 ------------------------------------- Dated this the 1st day of January, 2009 JUDGMENT Petitioner faces indictment in a prosecution under the Kerala Abkari Act. He was not available for trial and the case against him was transferred to the list of Long Pending Cases. The petitioner later surrendered before the learned Magistrate and regular bail was granted to him subject to conditions. The passport of the petitioner stands impounded and the same is in the possession of the 2nd respondent. 2. The petitioner now prays that the passport may be directed to be returned to the petitioner. He has to go abroad and if he does not return to his place of employment immediately, he is likely to lose his job. In these circumstances, it is prayed that the passport may be directed to be returned to the petitioner. 3. The 2nd respondent confirms that the passport has been seized. No endorsement of impounding has been made on the passport. The passport has been seized. The 2nd respondent submits that the 2nd respondent has no objection against release W.P(C). No.35509 of 2008 2 of the passport to the petitioner if so directed by the court. After such release, the petitioner can use the passport also without any fetter. But it is for the court concerned to decide whether the passport deserves to be released to the petitioner. 4. Report of the learned Sessions Judge was called for and the report dated 12.12.08 informs this Court that there has been a direction to dispose of the case within a period of 2 months. 5. I am, in these circumstances, satisfied that appropriate directions can be issued in the interests of justice. Accordingly this petition is allowed and the following directions are issued. i) The 2nd respondent shall forthwith - within a period of 7 days from this day, produce the passport of the petitioner before the learned Assistant Sessions Judge, Kasaragod; ii) It shall be open to the petitioner to apply for release of the passport and the learned Assistant Sessions Judge shall pass appropriate orders on such application; iii) The learned counsel for the petitioner submits that the petitioner does not want to dispute his identity and shall co- operate with the court for the early disposal of the case. I need W.P(C). No.35509 of 2008 3 only mention that considering all the relevant circumstances, appropriate orders must be passed by the learned Assistant Sessions Judge on the application for release of the passport. Such order shall be passed within a period of 7 days from the date on which such application is filed. 6. Hand over a copy of this judgment to the learned counsel for the petitioner. (R.BASANT, JUDGE) rtr/-