J R PARIKH Vs. DIRECTOR PV CHIEF PASSPORT OFFICER

JUDGEMENT

(1.) This writ petition has been filed by Sri J. R. Parikh praying (1) for the issuance of a writ of cartiorari quashing an order, dated 21st February, 1969, passed by the Director (PV) and Chief Passport Officer, Ministry of External Affairs, Government of India, New Delhi, confirming an order, dated 5th November, 1968, passed by the, Regional Passport Officer, Madras, rejecting an application, dated 14th August, 1968, filed by the petitioner for a passport and (2) for a direction or a writ of Mandamus directing the aforesaid officers to grant the passport applied for by the petitioners. The respondents in the writ petition are (1) the Director (PV) and Chief Passport Officer, Ministry of External Affairs, Government of India, and (2) the Regional Passport Officer, Madras

(2.) According to the petitioner, he has been doing business in Madras of import and export in general, and more particularly of export of timber and other articles, under the name and style of "M/s Commodity Sales Corporation". He was holding an international passport, and had travelled twice to the Continent in 1957 and 1958. But, the said passport facilities were withdrawn by the Regional Passport Officer, Madras, in 1960. Finding it expedient and necessary to visit certain foreign countries in connection with his timber export business, the petitioner wrote to the authorities concerned requesting for the restoration of his passport. But, the said request was not graned on the ground that the petitioner was facing a criminal trial in Madras.

(3.) The petitioner was charged with several offences, and the Special Judge, Madras, by his judgment in Calendar Case No. 2 of 1961, dated 24th March, 1964, convicted and sentenced the petitioner to varying terms of imprisonment which were to run concurrently. The petitioner filed an appeal, Criminal Appeal No. 206 of 1964, in the High Court of Madras, and the High Court, by its judgment, dated 22nd December, 1967, upheld the conviction of the petitioner only in respect of some of the offences, viz. charges Nos. 5 to 9 and 16, and acquitted him of the other charges. Charge No. 5 was under section 420 of the Indian Penal Code for cheating the Customs officials and the officials of the clearing agents and the Bank of Mysore at Cochin by misrepresenting to them that the goods covered by the bill of entry were dyeing and tanning substances duly covered by a valid import licence, though in truth the goods were ultra marine blue, the import of which was not permitted. Charges Nos. 6 to 9 were similar charges in respect of ultra marine blue imported at Tuticorin. Charge No. 16 was under section 417 of the Indian Penal Code in respect of export of groundnut oil cake at Vaizagapatnam port. The trial Court (Special Judge, Madras) sentenced the petitioner to imprisonment for 18 months under section 420 of the Indian Penal Code on each of the charges Nos. 5 to 9, and to imprisonment for 8 months under section 417 on charge No. 16, and the sentences were to run concurrently. But, on appeal, the High Court reduced the sentence of imprisonment to a period of 6 months for each of the charges Nos. 5 and 6, 2 months for charge No. 7, 4 months for charge No. 8, 2 months for charge No. 9 and 6 months for charge No. 16, and all the sentences were to run concurrently. It has to be noted that the various periods of imprisonment for each of the charge came to a total of 26 months, but the said periods of imprisonment were directed to run concurrently.