1wp-1449-11 Ladda IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION No.1449 of 2011. Pramod Kumar Dubey .. .... Petitioner. versus The State of Maharashtra .. .... Respondent. Mr J.S. Kini i/by Mr Suresh Dubey for the Petitioner. Mr P.S. Hingorani, A.P.P.for the State. CORAM:- A.R.JOSHI, J. (VACATION JUDGE) DATE :- 30TH MAY, 2011 P.C.:- 1. Not on Board, upon mentioning taken on board. 2. Rule. Rule made returnable forthwith by consent of parties. 3. Heard rival submissions for some time on this writ petition for return of passport during the pendency of C.C. No.991/PW/2011 pending before learned Metropolitan Magistrate’s 22nd Court at Mumbai. 4. The offences alleged against the present petitioner are punishable 2wp-1449-11 under sections 465, 468, 471, 420 of the Indian Penal Code for making alteration in page Nos. 10 and 11 of the Passport in the name of the petitioner which was seized by the Police during the investigation of the matter filed on the complaint of Immigration Officer, one Mr Varghess George. 5. During the arguments, learned A.P.P. for the State submitted that the concerned Passport has already been sent to Immigration office and report is obtained as to whether on the relevant date, as mentioned on page Nos. 10 and 11 of the Passport, whether the Petitioner had traveled to India from abroad. It is further submitted on behalf of the State that the investigation is already over and charge sheet is already filed. However, the trial is yet to commence. He further expressed that the trial may be expedited. 6. During the arguments, the learned counsel for the Petitioner submitted that the Petitioner is a business man stationed at Dubai and frequently visits Dubai and as such requires his Passport. The impounding of Passport can only be done by the Passport Authority as per Section 10 of the Passports Act, 1967. It is further submitted that the police, at the most, can seize the Passport under section 102 of the Code of Criminal Procedure. The police have not taken any steps asking for the impounding of the Passport through the Passport Officer as 3wp-1449-11 contemplated by law. 7. Considering rival submissions and considering that the report from the Immigration Office has already been received by the Police regarding tampering or otherwise of page Nos. 10 and 11 of the Passport, the following order would meet the ends of justice. ORDER. 1. Passport of the Petitioner which is presently in the custody of the Investigating Officer be given back to the Petitioner on his executing an Undertaking to deposit it back with the Investigating Officer on the return from abroad and latest within the period of one month from the date of this order. 2. It is further directed that as the investigation is already over and charge-sheet is already filed, C.C. No. 991/PW/2011) shall be disposed of as expeditiously as possible by the concerned trial Magistrate within six months from today. 3. The Police machinery to take appropriate precautions of taking colour xerox copy of the Passport prior to 4wp-1449-11 handing it over to the Petitioner so as to be useful for the purpose during the trial. 4. It is further directed that the Petitioner shall return back the Passport as mentioned above in the same condition as it is given to him by the Investigating Officer without there being any tampering in any manner. With these directions, present writ petition stands disposed of. (A. R.JOSHI, J)