- (1.) CHALLENGING the order, dated 16.11.2009 made in Crl.M.P.No.1047 of 2009 in C.C.No.12 of 2006 on the file of the Additional Special Court under NDPS Act, Chennai, the petitioner / A2 has preferred this revision.
(2.) THE petitioner / A2 had filed a petition for return of passport. It is not in dispute that he pleaded guilty and was convicted under Sections 8 (c) r/w 21 (b), 28 and 29 of NDPS Act for having been found in possession of heroin of in-between quantity. Mr.T.K.Sampath, learned counsel appearing for the petitioner submitted that after the conviction and sentence, he was sent to prison and after the term of substantive sentence, he was released, however, his passport was not returned by the respondent for the reasons best known to them. Hence, he filed a petition before the trial court, seeking return of the passport. The Court below dismissed the petition, on the ground that permanent residence of the petitioner / A2 in Trichy was not stated by him.
(3.) LEARNED counsel appearing for the petitioner submitted that the petitioner was residing at Trichy previously, subsequently, he shifted his resident to Chennai and at present he is residing at No.13, Mosque Street, (Near Meenakshi Amman Pet Farook Mahal), Royapuram, Chennai 13. Mr.R.Dhanapalraj, learned Special Public Prosecutor appearing for the respondent raised his objection stating that the Royapuram address given by the petitioner is different from the address given in the passport, therefore, the petitioner is not entitled for the return of passport.;