2019 (12) TMI 422 - HC - Indian Laws

Seizure of passport - Smuggling - recovery of contraband item from petition - offence under Section 20(b)(ii)(C) and Section 23 read with Section 28 of the Narcotics Drugs and Psychotropic Substances Act, 1985 - HELD THAT - The appeal preferred by respondent no.1 was dismissed by this Court by an order dated 25.11.2019. Consequently, there is now no impediment in the petitioner being permitted to exit this country. Respondent no.1 is directed to return the petitioner s passport forthwith. The petitioner may undertake all formalities for exiting the country in accordance with law. Respondent no. 2 (FRRO) shall process the petitioner s application without any delay - it is not necessary to consider the petitioner s request for modification of the category of the visa granted to him, as he is now required to leave this country. Petition disposed off.

Summary

Issues Involved:
Petition for writ of mandamus to release passport and convert visa for employment.

Analysis:
The petitioner entered India on a tourist visa in 2010 and was subsequently arrested for alleged drug-related offences. After being acquitted in 2014, he was restricted from leaving the country due to an appeal filed by respondent no.1. The petitioner, a qualified engineer, sought permission to work but was denied for nine years. The appeal was dismissed in 2019, clearing the way for the petitioner to exit the country. The court directed respondent no.1 to return the petitioner's passport immediately, allowing him to leave and process the necessary formalities. As the petitioner is now required to leave, the request to modify the visa category was deemed unnecessary. The petition was disposed of with the mentioned directions, ensuring a swift resolution to the petitioner's situation.