2013 (1) TMI 742

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.... 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, Kolkata. Sev....

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.... of the learned Chief Judicial Magistrate, Barasat, the petitioner filed a revisional application under Section 482 of the Criminal Procedure Code being CRR No. 889 of 2012. The said application was disposed of by this Court (Ahluwalia J.) by an order dated 10th May, 2012. 7. By the aforesaid order dated 10th May, 2012, this Court (Ahluwalia J.) directed that the Customs Department might fil....

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....ld 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 29th October, 2012 from the Superintendent of the Regional Passport Office wherefrom the petitioner came to learn that it had been decided to impou....

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....rder. The contentions of the petitioner have not been recorded and from the order it is not clear whether the submissions made by the petitioner have at all been considered. The communication dated 29th October, 2012 being non-speaking the impugned decision to impound the passport of the petitioner cannot be sustained. The impugned decision is set aside and quashed. 11. However, it is not in....