Aniruddha Bose, J. - (1.) In this petition, the writ petitioner challenges an order impounding his passport in terms of the provisions of section 10(3) of the Passport Act, 1967. The decision to impound the passport was taken on the charge of suppression of a pending criminal case in his application for re-issue or renewal of his passport.
(2.) The petitioner was arrested on or about 10 June 2003 for his alleged complicity in an offence disclosed in a First Information Report (FIR) filed by the Secretary, Kolkata Stock Exchange Association Ltd., which was registered as P.S./DD Case No.476 dated 24 September, 2002 under section 20(B)/420/409/ 467/468/471/477A of the India Penal Code. The FIR was filed in connection with allegations of artificial rising of share prices which resulted in serious payment, as a consequence of which a large number of retail investors were alleged to have had lost their money invested in the stock market. The petitioner claims however, that he was not named as an accused in the FIR. At that point of time he was the President of the Calcutta Stock Exchange. He was granted bail on 14 July, 2003 by the learned Chief Metropolitan Magistrate, Kolkata. It appears that condition imposed for grant of bail, inter alia provided that the petitioner should not leave Kolkata Metropolitan city without permission of the Court. The petitioner was further required to surrender his passport to the Investigating Officer, and to report to the Investigating Officer once a week for three months.
(3.) The petitioner accordingly claims to have had deposited the passport which was issued on 7 February, 2001 with the Investigating Officer of the Hare Street Police Station. There were subsequent variations in the other conditions of bail as per directions of the Hon'ble High Court, but these are not of much relevance for adjudication of the present proceeding, and I do not consider it necessary to narrate these variations in detail in this judgment.;