GURPREET SINGH Vs. STATE NCT OF DELHI
HIGH COURT OF DELHI
STATE(NCT OF DELHI)
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REVA KHETRAPAL, J. -
(1.) The brief facts leading to the filing of the present Writ Petition are
that in the intervening night of 07/08.12.2006, the petitioner holding an Indian
passport No. B-3782415 dated 24th September, 2001, issued from Jallandhar,
arrived from U.S.A. by flight No.SQ-408. On his approaching immigration
clearance, his passport was scrutinized and it was found that page numbers 15 to
22(eight pages) were missing, that is, the pages containing the departure stamp
of immigration from India (Amritsar Airport) and the U.S.A. visa. A complaint
was received from the Immigration Officer by Police Station I.G.I. Airport, New
Delhi for the registration of a case, and on the aforesaid complaint of the
Immigration Officer, FIR No.695 dated 7th December, 2006 under section 12 of the
Passports Act, 1967 was registered against the petitioner. The passport of the
petitioner and his other travel documents were seized. The petitioner was
arrested and subsequently released on bail.
(2.) The petitioner in the present writ petition has averred that he was
married to Kisun Shereen on 16th June, 2005 and that his wife is a citizen of
U.S.A. He was issued a visa by the U.S.A. Embassy, New Delhi on 12th September,
2006 which was to expire on 11th March, 2007. Pursuant to the issuance of the
said visa by the US Embassy, (he) the petitioner left for America on 25th
October, 2006 to join his wife, who is a resident of 8909-Glen Alder Way, Sac CA
95826-916214-4401 Cell America. He joined his wife in U.S.A. and started his
life there. In due course he was issued a permanent resident card. He,
however, had to return to India unexpectedly because of a death in the family
and on his reaching New Delhi in the intervening night of 07/08.12.2006, he was
arrested by the police on the ground that eight pages were missing from his
passport when checked at the Immigration Counter at IGI Airport, Delhi.
(3.) I have heard counsel for the petitioner as well as counsel for the
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