IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 1866 of 2009()
1. YASAR ARAFATH, S/O.SAITHU,
... Petitioner
Vs
1. SUB INSPECTOR OF POLICE,
... Respondent
For Petitioner :SRI.K.LAKSHMINARAYANAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :17/06/2009
O R D E R
M.SASIDHARAN NAMBIAR,J.
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CRL.M.C.No. 1866 OF 2009
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Dated this the 17th day of June,2009
ORDER
Petitioner filed C.M.P.896/2009 before Judicial
First Class Magistrate Court, Aluva under section 451
of Code of Criminal Procedure for interim custody of
his passport, visa and ticket which were seized by the
police when he arrived at Nedumbassery Airport from
Soudhi Arabia. Learned Magistrate dismissed the
application under Annexure 6 order. This petition is
filed under section 482 of Code of Criminal Procedure
to quash Annexure 6 order and to get interim custody
of the passport.
2. Learned counsel counsel appearing for the
petitioner and the learned Public Prosecutor were
heard.
3. Learned counsel appearing for the petitioner
submitted that the correction in the passport is only
with regard to the year of birth namely 1986 was
corrected as 1982 and it was not done by the
petitioner but by the travel agent and in such
circumstance petitioner is entitled to get back the
Crl.M.C.1866/2009 2
passport. Learned counsel submitted that unless he gets
interim custody of the passport, he cannot return to Soudhi
Arabia and if so will loose the job and therefore interim
custody is to be granted. Learned counsel also pointed out
that for an offence under section 12(1)(b) (d) of Passport
Act petitioner could only be sentenced to fine and in such
circumstance petitioner may be granted interim custody of
the passport and he is prepared to abide by the conditions.
4. Learned Public Prosecutor opposed the application
and submitted that in addition to the offence under the
Passport Act, case is being investigated for the offences
under sections 468,419 and 471 of Indian Penal Code and
when it is clear that there is unauthorised correction of
year of birth in the passport, petitioner cannot be allowed
to make use of that passport and as the passport is
necessary as a material object to be proved in the case,
interim custody cannot be granted.
5. I find force in the submission of the learned Public
Prosecutor. When it is prima facie shown that correction
had been effected to in the passport obtained by the
petitioner with regard to the year of birth and the case is
being investigated for the offence under section 468 and
471, petitioner cannot be granted interim custody of the
same passport. In any event petitioner cannot be allowed
Crl.M.C.1866/2009 3
to make use of the passport where correction is made.
Learned counsel then submitted that there may be a
direction to the Magistrate to dispose the case before
August,2009. Learned Public Prosecutor submitted that the
case is still under investigation and report of the expert
is awaited. In such circumstance, no direction could be
issued to dispose the case as sought for. The question of
disposal arises only after taking cognizance on filing the
final report. The Investigating Officer is directed to
expedite the investigation. Petition is dismissed.
M.SASIDHARAN NAMBIAR
JUDGE
tpl/-
M.SASIDHARAN NAMBIAR, J.
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W.P.(C).NO. /06
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JUDGMENT
SEPTEMBER,2006