IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 31ST AUGUST 2010 / 9TH BHADRA 1932 WP(C).No. 26039 of 2010(Q) --------------------------------------- PETITIONER: ------------------- MOHAMMED NOOHU HUSSAIN, S/O.MOHAMMED NOOHU, MUNDIVILA, HARBOUR ROAD, VIZHINJAM, THIRUVANANTHAPURAM. BY ADVS. SMT.M.HEMALATHA, SRI. S. WILLIAMS. RESPONDENTS: ------------------------ 1. THE JOINT COMMISSIONER, OFFICE OF THE COMMISSIONER OF CENTRAL ESXCISE & CUSTOMS, THIRUVANANTHAPURAM COMMISSIONERATE, ICE BHAVAN, PRESS CLUB ROAD, THIRUVANANTHAPURAM. 2. THE SENIOR INTELLIGENCE OFFICER, DIRECTORATE OF REVENUE INTELLIGENCE THIRUVANANTHAPURAM. R1 BY ADVS. SRI.JOHN VARGHESE,SC,CEN.BOARD OF EXCISE, SRI. THOMAS MATHEW NELLIMOTTIL, R2 BY GOVT. PLEADER SRI. P.A. SALIM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/08/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.Sasidharan Nambiar, J. -------------------------- W.P.(C)No.26039 of 2010 Q -------------------------- JUDGMENT This petition is filed under Article 226 of Constitution of India for a direction to Additional Chief Judicial Magistrate (Economic Offences), Ernakulam to return the passport to the petitioner forthwith contending that in compliance with Exhibit P1 order passed by Joint Commissioner of Central Excise and Customs, Thiruvananthapuram, he had already remitted the amount, but could not produce the receipt as it was lost from him and therefore, petitioner is entitled to get the passport returned. 2. Learned senior standing counsel appearing for the first respondent made available a copy of the order dated 7.4.2006 in Crl.M.C.No.1062/2006. That Crl.M.C. was filed by the petitioner herein for a direction to release the passport. As per the said order, this Court directed to return the WPC 26039/10 2 passport on executing a bond and depositing Rs.25,000/- as cash security. In the light of the order in Crl.M.C.No.1062/2006, no further direction is warranted. It is up to the petitioner to comply with the conditions and directions in the order in Crl.M.C.No.1062/2006. Petition is disposed. 31st August, 2010 (M.Sasidharan Nambiar, Judge) tkv