Ajay Kumar Kainth vs The Regional Passport Officer And ...
2022 Latest Caselaw 2166 P&H

           IN THE HIGH COURT OF PUNJAB & HARYANA AT
                          CHANDIGARH


Sr. No.107                                        CWP-6286-2022 (O&M)
                                                  Date of decision : 28.03.2022


Ajay Kumar Kainth                                                ..... Petitioner


                                     VERSUS


The Regional Passport Officer and another                       ..... Respondents


CORAM: HON'BLE MR. JUSTICE SUDHIR MITTAL

Present:      Mr. Harsh Manocha, Advocate, for the petitioner.

              Mr. Ankur Sharma, Sr. Panel Counsel, for the respondents.


                                         *****

SUDHIR MITTAL, J. (Oral)

The petitioner has been convicted under the Narcotic Drugs and

Psychotropic Substance Act, 1985 on 21.04.2015 and has been sentenced to

undergo rigorous imprisonment for a period of ten years alongwith payment

of fine. His appeal against the judgment of conviction is pending. He has

applied for re-issuance of passport, but the application is not being processed

on account of pendency of his appeal.

Section 6 (2) (f) of the Passports Act, 1967 provides that where

proceedings in respect of an offence are pending before a criminal Court in

India, the passport authorities shall refuse to re-issue the passport.

In view of the statutory provision, learned counsel for the

petitioner wishes to withdraw this petition with liberty to approach the Court

where his appeal is pending.

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Dismissed as withdrawn with the aforementioned liberty.

                                                                (SUDHIR MITTAL)
                                                                     JUDGE
28.03.2022
Ramandeep Singh


Whether speaking / reasoned                                        Yes / No
Whether Reportable                                                  Yes/ No




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