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SCR.A/1939/2010 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 1939 of 2010
=========================================================
SACHINBHAI
GIRISHBHAI PATEL - Applicant(s)
Versus
STATE
OF GUJARAT & 3 - Respondent(s)
=========================================================
Appearance
:
MR
DM DEVNANI for
Applicant(s) : 1,
MR KARTIK PANDYA, APP for Respondent(s) : 1 to
3. MR VD PARGHI, for Respondent(s) :
4.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 22/10/2010
ORAL
ORDER
Petitioner
seeks fresh/duplicate passport in lieu of his previous passport
No.B-3526623 which is lost. As per the petitioner, he had given the
passport to his travel agent Khilji Travels in the year 2002 for
traveling to Harare. However, when the passport was sent by his
travel agent through Blue Dart Courier for obtaining Visa, it is the
case of the petitioner that the courier man was robbed and all
articles were taken away. A complaint in this respect was filed
before the concerned Police Station on 31.12.02, a copy of which is
produced at Annexure A to the petition.
The
petitioner believed that with respect to loss of his passport, the
said complaint would suffice and did not take any further steps.
However, when he required passport, he applied for a fresh passport
some time in 2009. The passport authorities took a stand that since
no complaint has been lodged with the police regarding the loss of
passport, did not grant the request of the petitioner.
In
response to the notice issued by this Court, the State authorities as
well as the Passport Authority have appeared. On behalf of the
passport authority, affidavit dated 22nd October 2010 has
been filed in which, it is, inter alia, stated as follows:
“6. I
say that unless there is a confirmation from the police authorities
that the said passport number was included in the lost
Articles/items, this office is unable to confirm the
details/particulars pertaining of the petitioner’s lost passport.
7. I
say and submit that Passport office had issued letters dated
17/09/2009, 02/02/2010 & 12/05/2010 (Annexed herewith as
“Annexure A, B & C”) reminding the petitioner to
furnish FIR for the lost passport. However, the petitioner never
came up with the required document. The petitioner was given
sufficient time to furnish the above said documents, and after a gap
of almost one year, the file was closed dated 03/08/2010 by this
office.
8. I
say that it was reported by the Police authorities that the
petitioner had handed over the passport to Khilji Travels Pvt. Ltd.
who allowed the passport sending to Courier named Blue Dart
Services, which is in contravention under provisions of Indian
Passport Act, 1967 and violation of Government rules.”
Learned
APP appearing for the State submitted that at the relevant time when
they had made inquiry with the concerned Courier service, details of
the passport of the petitioners were not supplied. Counsel for the
petitioner, however, submitted that his travel agent would be able to
supply details of sending passport through courier at the relevant
time and if proper inquiries are made, this fact can be verified.
From
the above, it appears that it is entirely possible that the Courier
Service whose consignment was robbed may have details of packets,
however, Courier would not be aware about the contents of such
packets. Even if passport of the petitioner was in one of such
packets sent by the travel agent, the Courier may not be able to
supply any details thereof.
Under
the circumstances, I am of the opinion that the Police authorities
may conduct an inquiry whether passport No.B-3526623 of the
petitioner was in the consignment of the Courier which was robbed
as mentioned in FIR at Annexure A. For that purpose, the petitioner
may give names and details of persons who may be able to throw some
light on this aspect to the concerned Police station and the Officer
in charge of the Police Station shall record statements of such
persons and may also summon documents in support of such statements.
At the end the inquiry, report shall be made to the Passport Officer
with the copy to the petitioner. The Passport Authority may
thereafter proceed in accordance with law on the basis of the
conclusion that may be reached in the report of the Police. The
petition stands disposed of accordingly.
Direct
service.
(Akil
Kureshi, J.)
(vjn)
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