The petitioner has approached this Court seeking for a direction to the first respondent to release his passport. The facts involved in this case would disclose that while the petitioner was working in Dubai, he was asked to appear before the first respondent for an interrogation in connection with a murder case. The petitioner appeared before the second respondent on 2.12.2013. He was interrogated and necessary statement was recorded. As requested by second respondent, petitioner had handed over his passport to the second respondent on the same day. The complaint of the petitioner is that despite assisting the investigation process, the respondents have not returned his passport. He is under the threat of losing his job and if he is unable to go to Dubai and join duty, he may suffer undue hardships. According to the petitioner, the respondents has no right to retain his pass port and therefore, appropriate directions W.P.(C).No. 8420 OF 2014 2 should be issued in this regard. 2. The learned Government Pleader on instructions submitted that the Police is investigating the Crime. The Police had received information that the petitioner had disclosed knowledge about the said crime to another person. As matters stand now, petitioner had denied such facts. That apart, it is stated that the petitioner has agreed to co-operate with further investigation process as well. It is further submitted that the passport was not retained deliberately and it is not taken into custody. It is only to ensure presence of the petitioner that the passport was kept by the Investigating Officer. The learned Government Pleader further submits that an application has been filed before the learned Magistrate in respect of the said investigation to permit 'polygraph test' to be conducted with reference to the aforesaid witness/petitioner.
3. Having regard to the aforesaid facts and circumstances, the point to be considered is whether the respondents have any legal right to retain the passport of the petitioner. The petitioner had appeared before the Investigating Officer as a witness when his presence was required.
W.P.(C).No. 8420 OF 2014 3
4. The learned counsel for the petitioner undertakes that the petitioner will be present at any time, whenever called upon by the Investigating Officer. But, if the petitioner is not permitted to leave India to join his job, it may cause undue hardship to the petitioner.
In the above circumstances, the respondents are directed to return the petitioner's passport. Petitioner's undertaking is recorded. He shall appear before the Investigating Officer as and when called upon by the Investigating Officer on giving the sufficient notice of at least two weeks prior to the date of appearance. The petitioner has filed an affidavit before this Court undertaking to appear before the investigating officer and be ready for any interrogation. The passport of the petitioner is produced by the learned Government Pleader. The learned Government Pleader has handed over the petitioner's passport to the learned counsel for the petitioner and the same is recorded A.M.SHAFFIQUE, JUDGE jm/