CRR No.1527 of 2011 (O & M) -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH ***** CRR No.1527 of 2011 (O & M) Date of decision : 16.8.2011 Wilson Masih ........Petitioner Vs. State of Punjab .......Respondent CORAM : HON'BLE MR. JUSTICE AJAI LAMBA Present:- Mr.K.S.Sodhi, Advocate, for the petitioner Mr.Manoj Bajaj, Addl. AG, Punjab --- AJAI LAMBA, J (Oral) : The petitioner is not an accused in case FIR No.178 dated 3.8.2010 under Sections 420, 465, 467, 468, 471, 120-B of the Indian Penal Code, Police Station Division No.4, Jalandhar. The petitioner happened to give his passport to one Rahul Babbar-the accused, for renewal of the passport. Subsequently, nine passports were recovered from Rahul Babbar. It was found that Rahul Babbar was indulging in forgery of passports. Be that as it may, the petitioner filed an application for return of his passport. The application has been declined on the ground that it is case property, having been recovered from the accused Rahul Babbar. Since it is the admitted case that the passport of the petitioner was genuine and the petitioner is not an accused, it would be harsh to deprive the petitioner of his civil rights in using the passport for travel abroad. Be that as it may, because that passport is case property, so as to balance the equities, the trial Court can retain coloured photocopy of the passport for reference CRR No.1527 of 2011 (O & M) -2- during trial. The petitioner can be put to terms for producing the original passport at a later stage as and when occasion arises during the course of trial. Because on release of the passport in favour of the petitioner, there would be no impediment in continuing with trial, the petition is allowed. Order dated 8.6.2011 is hereby quashed. The trial Court is directed to take two coloured photocopies of the passport and retain the same on the record. The trial Court will also impose a condition on the petitioner on furnishing of bonds to produce the passport in original as and when it is required in pursuance of trial. The trial Court would be at liberty to impose any other condition also. The petitioner would appear before the trial Court on the date fixed i.e. 22.9.2011 to enable the trial Court to release the passport on the conditions given hereinabove. (AJAI LAMBA) JUDGE 16.8.2011 akm