Petitioner sought return of expired passport deposited with Investigating Agency. Court held that due to change in fact situation, petitioner should seek reliefs before the Special Court. Writ Petition disposed.
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911-WP-343-18.odt
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.343 OF 2018
Sayyed Abdul Kader Mohd. Siddhique @ Yaar .... Petitioner versus State of Maharashtra & Anr. ... Respondents
CORAM : R. M. SAVANT & SARANG V. KOTWAL, JJ. DATE : 05th APRIL, 2018.
P.C. :
following reliefs;
Nesarikar
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passport with the Investigating Agency. The said order was passed by a learned Single Judge of this Court whilst granting bail to the Petitioner. It is during the pendency of the proceedings before the Special Court dealing with NDPS matters that the passport of the Petitioner has expired on 08/10/2016. This Court has been moved on the basis that the order to deposit the passport was by a learned Single Judge of this Court. However, since the passport has expired during the pendency of the proceedings before the Special Court, we are of the view that it would be for the Petitioner, to move an application before the Special Court for the reliefs which are sought by way of the above Petition. This is in view of the change in the fact situation.
(SARANG V. KOTWAL, J.) (R. M. SAVANT, J.)
1 issue framed by the court
Whether the High Court should exercise writ jurisdiction to direct return of expired passport deposited during pendency of trials before Special Court.
Sayyed Abdul Kader Mohd. Siddhique @ Yaar
State of Maharashtra
R. M. Savant
Sarang V. Kotwal
As recorded by the court registry
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