V.K. Jain, J. (Oral):-

The petitioner in W.P(C) No. 3885/2013 holds a passport bearing number Z2038840 which came to be seized by the CBI in connection with a criminal case registered vide RC No. BD1/2012/E/0001-BS&FC. Vide show cause notice dated 14.3.2012, the Regional Passport Officer (RPO) called upon the petitioner to show cause as to why his passport be not impounded under Section 10(3)(e) of the Passport Act, 1967. The petitioner responded to the said notice on 26.3.2012. Vide notice dated 5.9.2012, which the petitioner claims to have received on 10.1.2013, he was asked with reference to some adverse police verification report, to furnish a proper explanation regarding the circumstances in which he had suppressed the material information in his passport application. He was also asked to show cause why action be not taken to impound his passport under section 10(3)(b) and 12(1)(b) of the Passport Act, 1967. The petitioner responded to the said notice on 14.1.2013, stating therein that the letter being responded by him was received only on 10.1.2013.

2. The petitioner submitted an application to the Special Judge -- CBI seeking temporary release of his passport on the