IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE EIGHTEENTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 25185 of 2008 Between: Mohammed Sahfeeq Ahmed S/o. Mohammed Ayub R/o. H.No.16-2-867/A/2, Jeevanyar Jung Colony, Saidabad, Hyderabad. ..... PETITIONER AND 1 C.O., RGI Airport Shamshabad, R.R. District. 2 Asst. Commissioner of Police Immigration Hyderabad. 3 Commissioner of Police Having Office at Basheerbagh, Hyderabad. 4 Asst. Commissioner of Police Hyderabad. Hyderabad Dist. 5 Inspector of Police Malakpet P.S. Hyderabad. 6 Regional Passport Officer Hyderabad Having Office at Secunderabad. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in seizing and withholding of the petitioner passport on 28-3-2008 bearing Passport No.E7168916 as illegal, arbitrary, unconstitutional and contrary to law and the respondents do not have any right of seize the petitioner passport and consequently this Hon'ble Court may be pleased to direct the respondents to return the petitioner original passport bearing Passport No.E7168916 to the petitioner. Counsel for the Petitioner:MR.SYEDYASAR MAMOON Counsel for the Respondent No.: GP FOR HOME The Court made the following : THE HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No. 25185 OF 2008 ORDER: The petitioner approached this Court and filed the writ petition complaining that the Police Officials without any authority whatsoever have seized the Passport bearing No. E7168916 on 28-3-2008. When this matter came up for admission, this Court directed the Government Pleader for Home to ascertain the facts whether the passport is with the Police or submitted before the Passport Officer, Hyderabad. Today, when this matter is taken up for hearing, a detailed counter affidavit is filed wherein it is stated that the Passport was seized by the police, thereafter, it was deposited before the I Additional Chief Metropolitan Magistrate at Nampally, Hyderabad in connection with Crime No.882 of 2004. In the light of the said statement, this Court is of the view, that this writ petition can be disposed of with a direction to the petitioner to approach the said Court and file appropriate application for release of the said Passport. Accordingly, this writ petition is disposed of with a direction to the petitioner to approach the I Additional Chief Metropolitan Magistrate at Nampally, Hyderabad and file an application within a period of two weeks from today and on such application being filed, the I Additional Chief Metropolitan Magistrate at Nampally, Hyderabad may consider and pass appropriate orders with regard to the release of the said Passport in accordance with law. Accordingly, this writ petition is disposed of. No order as to costs. _______________________________ Justice Gopala Krishna Tamada 18th December, 2008. KM THE HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No. 25185 OF 2008 18th December, 2008.