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2013 (1) TMI 742

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..... s not inclined to direct return of the passport to the petitioner. - Matter remanded back - Decided partly in favour of appellant. - W.P. No. 1032 of 2012 - - - Dated:- 10-1-2013 - Indira Banerjee, J. Shri Arijit Chakraborty, Advocate, for the Petitioner. Ms. Sampa Sarkar, Advocate, for the Respondent. ORDER The writ petition has been filed seeking order on the respondent Customs authorities to return the passport No. J2632047 issued in the name of the petitioner, Afaque Alam. 2. On 28th September, 2011, when the petitioner was returning to Kolkata from Hong Kong by Flight No TG 313, the petitioner was intercepted by the officers of the Air Intelligence Unit of the Netaji Subhas Chandra Bose International Airport, K .....

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..... parties. 8. Sometime in June, 2012 a show cause notice bearing No. 17(289)12/RPO/KOL, dated 1st June, 2012 issued by the Superintendent of the Passport Office was received by the petitioner wherein it was stated that the office of the Commissioner of Customs (A A), Netaji Subhas Chandra Bose International Airport, Kolkata had made a request to Regional Passport Officer for impounding the passport of the petitioner. The petitioner was given 15 days time to show cause why his passport should not be impounded. 9. The petitioner claims to have replied to the aforesaid show cause notice by letter dated 11th June, 2012. According to the petitioner, all of a sudden, the petitioner received a letter No. 17(289)12/RPO/KOL/M-021776, dated 29t .....

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..... ional Passport Officer shall consider the matter afresh giving all concerned parties a reasonable opportunity of hearing and shall pass a speaking order. The concerned Customs Officer shall hand over the passport to the Regional Passport Officer, Kolkata, who shall keep the same in his safe custody until a further decision is taken with regard to the passport. 13. The writ application is disposed of with the above directions. 14. Affidavits not having been called for, the allegations in the writ petition shall be deemed not to have been admitted. 15. The decision of the Regional Passport Officer shall be taken expeditiously, preferably within 30 days from the date of communication of this order. 16. All parties concerned are to .....

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