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2017 Supreme(P&H) 767

AMIT RAWAL
Sinder Pal – Appellant
Versus
Union of India – Respondent


Advocates:
For the Petitioner:Mr. Ashish Aggarwal, Senior Advocate with Mr. Deepak Gupta, Advocate.
For the Respondents:Mr. Rajeev Verma, Advocate.

JUDGMENT

Mr. Amit Rawal, J. (Oral):- C.M. No.1517 of 2017

Application is allowed.

Replication is taken on record.

CWP No.9781 of 2016

2. The petitioner is aggrieved of the impugned action of respondent No.2, who has impounded the passport of the petitioner bearing No.H-7164937 valid upto 22.09.2019.

3. Mr. Ashish Aggarwal, learned Senior Counsel assisted by Mr. Deepak Gupta, Advocate appearing for the petitioner submits that the petitioner from the last five years has travelled couple of times to various countries including Dubai and Singapore. The petitioner is in the business of exporting rice to different countries and in this aspect of the matter, he has to travel abroad. However, in the year 2013, office of Commissioner of Customs (Anti Smuggling), Ludhiana, initiated an investigation alleging that he is involved in the export of sanders wood. Resultantly, he was arrested for alleged to have committed offence under Section 135 of the Customs Act, 1962 and in these proceedings on 24.07.2013, the Customs Authority had taken into possession passport of the petitioner, apart from PAN Card, driving licence and other documents.

4. He further submits that on 23.12.2013, the officer of































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