Order of the Ministry of External Affairs directing the police to return the passport
| Reference number | UAN-LEGAL-MEA-MEA20100809passportretur-20100809-1 |
|---|---|
| Title | Order of the Ministry of External Affairs directing the police to return the passport |
| Type of record | Determination |
| Collection | Legal Records |
| Date | 9 August 2010 |
| Language | English |
| Extent of the transcription | 366 words |
| Provenance | The document as filed is the record. It is reproduced on this page, and the text below it is a transcription of it, published so that the record can be searched, quoted and read by machine. The transcription was read from the document by optical character recognition and is published as the machine read it, with no editorial correction and no correction by any language model. Read it against the document before quoting it. Read the document. |
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No.VIII/402/App-132/10 Ministry of External Affairs (CPV Division) Patiala House Annexe New Delhi-110001 Appeal U/s 11 of the Passports Act. 1967
Sri Nithyananda Swami (hereinafter referred to as appellant) was issued with a passport. No.7.1864348 dated 01.10.2008 by Regional Passport Office. Bangalore (hereinafter referred to as PO). 2. PO was informed by Police authorities that two criminal cases vide No.Cr.141/10 and Cr No.142/10 are registered against appellant in Ramanagar Police station u/s 295(A).420. 376.377.506(1)120(B) IPC. Show cause notice was issued to appellant which had been received on his bchalf by the Dhyanapceta Charitable Trust: however. no response was received from the appellant. In view of the above, PO impounded the passport No.Z1864348. Appellant was given an option to appeal to the undersigned. 3. Appellant preferred an appeal against the impounding order. to the undersigned and the appeal was heard on 3.8.2010. During the appeal hearing. appellant furnished copy of judgment issued by the Hon'ble High Court of Karnataka on 11.6.2010 and 9.7.2010 on petition No.CRI.P.2328/2010. C/W 2344/2010 & 2329/2010 filed by appellant. The Hon'ble High Court has noted in both judgments that investigation against the appellant is going on and no firm evidence has been presented yet. The Hon.ble High Court has enlarged the appellant on bail. Surrender of passport is not one of the conditions of the bail. 4. Having considered the relevant facts of the case. I come to the conclusion that there is no justification for impounding of passport in the appellant's case: and accordingly decide that: (i) The Impounding order issued by the PO is set aside: (ii) Passport facilities will be restored to the appellant. (iii) PO will be at liberty to issue fresh show cause notice and proceed further in case the appellant is charge sheeted in the Court. after investigation is completed. attracting section 10(3)(e) of the Passports Act. 1967. (iv) The appeal is allowed.
Copies to: Sri Nithyananda Swami NOTARY RPO. Bangalore J.K. Rangaswamy, B.A., LL.B., NOTARY PUBLIC LAW 122 LCL 2009 ARNATAKA GOVT. OF
(A. Manickam) Joint Secretary(CPV) & CPV) 09/08/2010
CERTIFIED, TRUE COPY ATTESTED BY ME
J.K.RANGASWAMY, B.A., LL.B., ADVOCATE NOTARY PUBLIC EN : Roll No. KAR 415/97 No. 1684, Malleswara Temple Rord IJOOR EXTENSION Ramanagara-562159, Ramtinagara-Dist
Not yet recorded in the catalogue, Order of the Ministry of External Affairs directing the police to return the passport (9 August 2010). United Ancient Nations Documents Collection, reference UAN-LEGAL-MEA-MEA20100809passportretur-20100809-1. https://docs.unitedancientnations.org/legal/alpgdgtlxzcahxkxznqshpgflqpt
