1 cri-wp-495-11 jdk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI. WRIT PETITION NO. 495 OF 2011 Mr. Kashif B. Kapadia ..Petitioner Vs. State of Maharashtra and Ors. ..Respondents .... Mr. A.H.H.Ponda Advocate i/b Sameer Nangre Advocate for Petitioner Mr. Y.S.Shinde A.P.P. for the Respondent-State. Mr. S.K.Shinde Advocate for Respondent Nos.2 and 3 .... CORAM : P.V.HARDAS AND N.D.DESHPANDE, JJ. DATED : MARCH 09, 2011 ORAL JUDGMENT [PER P.V.HARDAS, J.]: 1 Heard the learned Counsel for the respective parties. 2 Rule. Rule made returnable forthwith. With the consent of the learned Counsel for the parties this petition is heard finally at the stage of admission. 3 By this petition under Article 226 of the Constitution of India, the petitioner prays for issuance of writ of mandamus directing the respondent no.2 to hand over the following articles. 2 cri-wp-495-11 (i) Original Passport No. E 5636130 of the Petitioner issued on 10th June, 2003 by Regional Passport Office (RPO), Mumbai (being 36 pages). (ii) Original Passport No. N 591949 of the Petitioner issued on 3rd May, 1993 by Regional Passport Office (RPO), Mumbai (being 36 pages). (iii) Copies of PAN Cards and Income Tax Returns for 2008-09 of the Petitioner (being 8 Pages). (iv) Original Credit Cards of the Petitioner being Nos. 4100 2807 0010 0018 issued by DCB, 4304 6300 0612 5081 issued by Citibank. (v) Original International Debit Card of the Petitioner being No. 4079 8502 3023 5688 issued by Bank of Baroda. 4 Undisputedly, the aforesaid articles came to be seized in a raid which was conducted on the residential premises of the father of the petitioner. During that raid the aforesaid documents and articles came to be seized. Ultimately a First Information Report came to be lodged and undisputedly also the present petitioner is not named as an accused in the First Information Report. The learned Counsel for C.B.I. also states that there is nothing on record at present which would implicate the present petitioner in the commission of offence in respect of which the 3 cri-wp-495-11 First Information Report has been lodged and offence has been registered. 5 In that light of the matter and since the respondent 2 does not intend to take any criminal action at present nor is any criminal action or proceeding pending against the present petitioner, retention of the aforesaid articles and documents is unjustified. 6 In that light of the matter therefore we allow this petition and make Rule absolute in terms of prayer clause (b) of the petition. The aforesaid articles be returned to the petitioner within a period of two weeks from today. Rule made absolute in terms of prayer clause (b) to the petition. In the circumstances there shall be no order as to costs. [N.D.DESHPANDE, J.] [ P.V.HARDAS, J. ]