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2024 Supreme(Cal) 921

AMRITA SINHA
Rahul Saraff – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Amritam Mandal, Kabita Saraf, Ananya Chakraborty.
For the Respondent: Rajashree Roy.

JUDGMENT :

AMRITA SINHA, J.

1. The petitioner is aggrieved by the order dated 9th October, 2018 passed by the Assistant Passport Officer impounding his passport under Section 10(3)(b) & (e) of the Passports Act, 1967, herein after referred to as ‘the Act’ for the sake of brevity.

2. The brief facts of the case are as follows:

    The petitioner was issued a passport in the year 2008 which was due to expire on 3rd December, 2018. In the year 2012 the petitioner was implicated in a criminal case under Sections 406/420/120B of the Indian Penal Code, 1860. Prior to the expiry of the passport, he applied for renewal of the same disclosing that he was not charged with a criminal proceeding by any criminal Court in India. Relying upon the aforesaid information his passport was renewed with validity till September, 2028.

3. After renewal of the passport police verification report was received, which revealed pendency of a criminal case against the petitioner. On receipt of the adverse police report a clarification was sought from the petitioner to submit explanation regarding the circumstances under which he suppressed the material information in his passport application and obtained the said passp

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