HON'BLE Dr. JUSTICE K.G.SHANKAR Criminal Revision Case No.731 of 2014 Date: 15-4-2014 Between Smt. Bandi Gangaratnam … Petitioner and The State of A.P., Rep. by Public Prosecutor, High Court of A.P., Hyderabad;
and another … Respondents HON'BLE Dr. JUSTICE K.G.SHANKAR Criminal Revision Case No.731 of 2014 Judgment:
The petitioner seeks for return of her Passport, which was seized by the Police and submitted before the Court. It would appear that in a raid conducted over the office of accused No.1, several Passports, Visas and the like were seized by the Police. Most of the Passports and Visas were alleged to be spurious and forged documents. The petitioner claimed that she is the owner of Passport bearing No.H6431509, which was obtained by accused No.1. She submitted to the learned X Additional Chief Metropolitan Magistrate, Secunderabad through a petition in Crl.M.P.No.2273 of 2012 seeking for the interim custody of the Passport. The Court dismissed the petition. Questioning the same, the present revision is laid.
2. It is the contention of the learned counsel for the petitioner that the petitioner is the owner of the Passport and that the Passport is an authentic document.
The learned Special Assistant Public Prosecutor submitted a letter from the Passport authority that Passport bearing No.H6431509 belongs to the petitioner herein and that the Passport seized from the office of accused No.1 is a genuine Passport. I therefore consider that it would be appropriate for the petitioner to take possession of the Passport by way of interim custody, since the case is pending further investigation and pending trial. However, to safeguard the interest of the State, interim custody deserves to be granted with conditions.
3. Accordingly, this criminal revision case is allowed. The petitioner is entitled to interim custody of Passport bearing No.H6431509 subject to verification by the learned X Additional Chief Metropolitan Magistrate, Secunderabad and satisfaction that the Passport belongs to the petitioner herein and on a bond of Rs.10,000/- (Rupees ten thousand only) with two sureties in a like sum to the satisfaction of the learned X Additional Chief Metropolitan Magistrate, Secunderabad. The Passport is returned subject to the conditions that the petitioner shall produce the Passport before the Court as and when directed by the Court and shall not leave India using the Passport without prior permission of the Court.
The miscellaneous petitions, if any, pending in this revision shall stand closed.
Dr. K.G.SHANKAR, J.
15th April, 2014. Ak HON'BLE Dr. JUSTICE K.G.SHANKAR Criminal Revision Case No.731 of 2014 15th April, 2014. (Ak)