( 1 ) THIS revisional application is directed against an order passed by the learned Metropolitan Magistrate, 11th. Court Calcutta, on 2-4-87 in G. R. Case No. 1202 of 1985, rejecting an application filed by the petitioner, Rajendra Singh Sethia, on 3-1-86 under S. 216 of the Code of Criminal Procedure for dropping unsustainable charges framed in the case.

( 2 ) THE petitioner was facing trial as an accused in a case pending in the court of the Chief Metropolitan Magistrate, Delhi. He was arrested in connection with that case on 1-3-85 at Maurya Sheraton Hotel, New Delhi. On 2-3-85. there was a search in room No. 1589 in that hotel. As a result of the search various documents, including a passport bearing No. W 900509 dated 13-2-85 issued by the Public Relations Officer, Regional Passport and Emigration Officer, Calcutta, were seized by the Police. The G. R. Case No. 1202 of 1985 centres around this passport.

( 3 ) THE prosecution case, in a nutshell, is that the petitioner is an Indian National based in London. He was the Managing Director of M/s. Esal Commodities Limited, London. He has a valid passport, bearing No. U 716884 dated 17-2-84 issued in