(SWATANTER KUMAR,C.J):- Heard the learned counsel for the parties.

1. The petitioner, an Indian citizen, residing at Lokhandwala Complex, Swami Samarth Nagar, Andheri(West) Mumbai 400058, has approached this court under Article 226 of the Constitution of India, praying that the action of the respondents in withholding his passport No E5934818 issued on 24.6.2003 and valid upto 26.6.2013, is arbitrary, contrary to law and is prejudicial to the interest of the petitioner.

2. The petitioner claims that he is involved in export of garments and is a frequent flier to Dubai-Europe and other parts of the world and carries on business in the name and style of Sushilas at Linking Road, Bandra, Mumbai. The petitioner lost his earlier passport being No.484378 dated 22.3.1993 valid upto 21.3.2003. Upon acquiring knowledge of lost of his passport, the petitioner registered a complaint at Khar police station in this regard. The first information report bearing No.632102 dated 11.3.2002 was registered with the said police station.

Thereafter the petitioner applied for fresh passport giving complete details of previous passport issued to him.

3. Respondent no.3 informed the petitioner that th