Kerala High Court
Jagath Ram Joy vs State Of Kerala on 25 August, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
FRIDAY, THE 25TH DAY OF AUGUST 2023 / 3RD BHADRA, 1945
CRL.MC NO. 4945 OF 2023
AGAINST THE ORDER/JUDGMENT CRMP 2254/2023 OF DISTRICT
COURT & SESSIONS COURT, ERNAKULAM
PETITIONER/ACCUSED :-
JAGATH RAM JOY, AGED 22 YEARS
S/O.JOY RAMACHANDRAN, KOTTAVACHAVILA HOUSE,
AYIROOR.P.O., VARKALA,
THIRUVANANTHAPURAM, PIN - 695310
BY ADVS.
SUMAN CHAKRAVARTHY
AMJATH A.R
RESPONDENT/STATE/DEFACTO COMPLAINANT :-
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
SRI. T R RANJITH, SR. PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 25.08.2023, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Crl.M.C.No.4945 of 2023
2
ORDER
The petitioner herein is the accused in Crime No. 17 of 2022 of
the Excise Range, Ernakulam. In the aforesaid case, he is facing
prosecution for having committed the offences punishable under
Sections 20(b)(ii)B of the NDPS Act, 1985.
2. The petitioner states that he is a B.Tech student pursuing his
education in the Cochin University of Science and Technology. Both of his
parents are abroad, and he intends to pursue his education in Foreign
University. It is urged that by Annexure-V order, the learned Sessions
Judge permitted the petitioner to travel abroad for a period of 15 days
within a period of two months for the purpose of visiting his parents.
Immediately thereafter, he filed another application pointing out that his
passport was due to expire on 4.6.2023, and the same requires renewal.
The learned Sessions Judge by order dated 15.6.2023 granted permission
to renew the passport for a period of one year subject to conditions. The
aforesaid order to the extent that the learned Sessions Judge limited the
period of re-issuance to a period of one year is under challenge in this
Crl.M.C.No.4945 of 2023
petition.
3. Sri. Suman Chakravarthy, the learned counsel appearing for
the petitioner, submitted that there is no justification in limiting the
period of re-issuance of passport to a period of one year, particularly
when stringent conditions were imposed by the learned Sessions Judge
to ensure his appearance. According to the learned counsel, to enable
the petitioner to secure admission overseas and to prevent further
inconvenience, the passport will have to be renewed for a minimum
period of five years. His prayer in this petition is for modification of the
order to the limited extent of issuing directions to the Passport authority
to consider re-issuance for a minimum period of five years.
4. I have heard the learned public prosecutor and have
considered the submissions advanced.
5. Having considered the facts and circumstances and the
submissions made across the bar, this petition is disposed of by ordering
as under:
a) In modification of the order passed by the learned
Sessions Judge, the concerned Passport authority shall consider
the re-issuance of passport for a period of 5 years.
Crl.M.C.No.4945 of 2023
b) All other conditions imposed by the learned
Sessions Judge shall remain as such.
This petition is disposed of.
Sd/-
RAJA VIJAYARAGHAVAN V,
JUDGE
SMA
Crl.M.C.No.4945 of 2023
APPENDIX OF CRL.MC 4945/2023
PETITIONER ANNEXURES
Annexure-1 A TRUE COPY OF THE CRIME AND OCCURRENCE REPORT
IN CRIME NO.17/2022 OF THE EXCISE RANGE OFFICE,
ERNAKULAM
Annexure-2 A TRUE COPY OF THE ORDER DATED 26.04.2022 IN
B.A NO.2530/2022
Annexure-3 A TRUE COPY OF JUDGMENT DATED 20.10.2022 IN
W.P(C) NO.29702/2022
Annexure-4 A TRUE COPY OF THE ORDER DATED 27.07.2022 IN
CRL.MP NO.1802/2022 BY THE SESSIONS COURT,
ERNAKULAM
Annexure-5 A TRUE COPY OF THE ORDER DATED 17.01.2023 IN
CRL.M.P NO.6/2023 BY THE SESSIONS COURT,
ERNAKULAM
Annexure-6 A CERTIFIED COPY OF THE ORDER DATED 15.06.2023
IN CRL.MP NO.2254/2023
