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2005 Supreme(Del) 940

MUKUL MUDGAL, H.R.MALHOTRA
Rajiv Tayal – Appellant
Versus
UOI – Respondent


Advocates appeared:
S/Sh. H.S. Phoolka, Senior Advocate with Israel Ali & S.S. Ray, Advocates for the Petitioner.
Mr. Kailash Grimbhir with Mr. Gaurav Sharma for the respondent No. 1.
Ms. Sujata Kashyap with •Mr. Neeraj Kumar, Advs. for the respondent Nos. 2-3.
Mr. Arvind Kr. Gupta Adv. for the respondent No.4.

Mukul Mudgal J.

(Oral) 1. Rule DB. With the consent of the learned counsel for the parties, the writ petition is taken up for final hearing.

2. This writ petition under Articles 226 and 227 of the Constitution of India challenges the Orders dated 23rd August, 2005 and 30th August, 2005 - passed by the Vice Consul, Consulate General of India New York, USA. This order was passed on the directions of the respondent No.1, namely, the Ministry of External Affairs, New Delhi for impounding the passport of the petitioner. The other major prayer made in the writ petition challenges the Order dated 21st August, 2004 passed by the learned Metropolitan Magistrate in FIR No. 89/2003 under Section 406/498A IPC P.S. Subzi Mandi, Delhi declaring the petitioner as 'Proclaimed Offender'. The petitioner inter alia challenges the vires of the Section 10 (3)(e) & (h) of Passport Act, 1967(hereinafter referred to as the 'Act') as well as the validity I of Article 14, 19 and 21 of the Constitution of India.

3. The Section 10 (3)(e) & (h) of the Act the validity of which is under challenge in this petition reads as follows:.

"10. Variation, impounding and revocation of passports and travel documents.-

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