Rule.
Learned APP Miss Shah waives for opponent No.1 State advocate and learned advocate Mr. Ravani waives for opponent No.2.
2. With the consent of learned advocates for the parties, this matter is taken up for hearing today.
3. By filing this application, the applicant has made a prayer to direct the CBI to release his passport and to allow him to visit Saudi Arabia for a period of four weeks.
4. I have heard learned advocates for the parties.
5. It appears from the averments made in the application that the applicant wants to go abroad from 10.7.2012 and wants to return on 25.7.2012. Learned advocate Mr. Asthawadi states that as the passport is still not returned, the departure of the applicant may be delayed by 3-4 days.
6. It appears that the applicant was permitted to visit foreign country by this Court on several occasions and this fact is not disputed by the opponents. It also appears that the applicant is a businessman and he is required to visit foreign countries on account of his export business. In view of the fact that on earlier occasions, passport was returned to the applicant to enable him to visit foreign country and also considering the fact that the applicant has returned the passport on his return to India and as there is no adverse report, this application is required to be allowed.
7. In the result, the application is allowed. Opponent No.2 is directed to hand over passport to the applicant and the applicant is permitted to go abroad till 30.7.2012. The applicant shall surrender his passport on his return to the authority on or before 7.8.2012.
8. Rule made absolute. Direct service is permitted today.
(BANKIM.N.MEHTA, J.) shekhar* Top