Abdul Aalim v. The Forest Ranger

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.01.2018

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.R.C.(MD) No.247 of 2017 Abdul Aalim ... Petitioner / Petitioner / A1 vs.

1.The Forest Ranger Madurai Forest Range Madurai (W.L.O.R.No.16 of 2015) 2.The Regional Passport Officer Regional Passport Office Madurai ... Respondents / Respondents (R2 impleaded as per order, dated 20.04.2017, made in Crl.M.P.(MD) No.3373 of 2017 in Crl.R.C.(MD) No.247 of 2017) PRAYER: Criminal original petition filed, under Section 379 r/w 401 Cr.P.C., to call for the records pertaining to the order, dated 09.01.2017, made in Crl.M.P.No.4039 of 2016 in C.C.No.229 of 2016, on the file of the learned Judicial Magistrate No.VI, Madurai, in W.L.O.R.No.16 of 2015, on the file of the respondent Police and set aside the same.

For Petitioner : Mr.J.Lawrance For Respondents : Mr.A.Muthu Karuppan Additional Government Pleader for R1 Mr.J.Jeyakumaran for R2

O R D E R

The petitioner was arrested by the forest officials at the Madurai International Airport when he was going abroad, since he was found to be in possession of 247 Star Tortoises. His passport was submitted to the learned Judicial Magistrate No.VI, Madurai at the time of his remand and the same was taken along with the other

seized articles under R.P.R.No.393 of 2015 and thereafter, it appears that the same was handed over back to the forest officials, who in turn have handed over the same to the Regional Passport Officer, Madurai / second respondent herein. Whileso, the petitioner filed Crl.M.P.No.4039 of 2016, under Section 451 Cr.P.C., seeking for return of his passport, which has been dismissed by the learned Judicial Magistrate No.VI, Madurai, by order dated 09.01.2017. Aggrieved over the same, the petitioner is before this Court.

2. Heard Mr.J.Lawrance, learned counsel for the petitioner and Mr.A.Muthukaruppan, learned Additional Government Pleader for the first respondent and Mr.J.Jeyakumaran, learned counsel for the second respondent and perused the materials placed on record.

3. Mr.J.Lawrance, learned counsel for the petitioner, submitted that the passport had been handed over to the forest officials by the Magistrate without following due procedure and further, the forest officials have handed over the passport to the Passport Authorities without any judicial order and therefore, the entire exercise done by the respondents is illegal and hence, the petitioner is entitled to the return of his passport.

4. The fact remains that the petitioner was caught in the Madurai International Airport while he was going abroad and at that time, he was carrying his passport. The forest officials produced the passport before the learned Judicial Magistrate No.VI, Madurai and thereafter, the passport is now in the custody of the Passport Authorities. If the passport is either with the Court or with the forest officials, there are chances of the passport getting lost, which will cause great prejudice to the petitioner. The passport is a document, which belongs to the Government of India and rightly it is with the Passport Authorities. As and when the petitioner wants renewal of the passport, it is open to him to approach the Passport Authorities and his request will be decided on merits in accordance with the extant rules. In such view of the matter, this Court does not find any serious infirmity or illegality in the order passed by the Trial Court warranting interference of this Court.

5. In the result, the criminal revision stands closed. Sd/- Assistant Registrar (CS-II) /True copy/ Sub Assistant Registrar To:

1.The Judicial Magistrate No.VI, Madurai.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

3.The Forest Ranger, Madurai Forest Range, Madurai.

+1cc to Mr.J.LAWRANCE,Advocate,SR. 40144 +1cc to Mr.J.JEYAKUMARAN,Advocate,SR. 40093 Crl.R.C.(MD) No.247 of 2017 03.01.2018 KRK KK/GT/SAR 4/18.01.2018/ 3P- 6C