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2025 DAILYLAW 5953 (DEL)

SHAHJAHAN VELLUVA KANDY & ORS. v. UNION OF INDIA & ANR.

W.P.(CRL)/376/2025 · 2026-08-11

Purushaindra Kumar Kaurav

Writ Petition (Criminal)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~78 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010045322025 + W.P.(CRL) 376/2025 and CRL.M.A. 18430/2025 SHAHJAHAN VELLUVA KANDY & ORS. .....Petitioners Through: Mr. Muzahid Ahmad and Mr.Hriday, Advocates. versus UNION OF INDIA & ANR. .....Respondents Through: Mr. Rohan Jaitley, CGSC with Mr.Akshay, Mr. Dev Pratap Singh, Mr. Varun, Advocates. Mr. Akshai Malik, SPP(NIA), Mr. Khawar Saleem, Adv Ms. Diptasree Bag, Advocates for R-2. Mr. L.N. Rao with Mr. Shivek Vyas, Advocates for R-4 and 5. CORAM: HON’BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV O R D E R % 11.08.2026 1. The instant petition is for the following reliefs:- “i. Issue an appropriate writ, order, or direction to the Respondents to return the passports of the Petitioners forthwith; ii. Declare the action of the Respondents in withholding the Petitioners’ passports as illegal and unconstitutional; iii. Pass such other and further orders as this Hon’ble Court may deem fit and proper in the interests of justice.” 2. Having considered the submissions advanced by the learned counsel This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/08/2026 at 13:33:06 for the parties and the averments made in the present petition, it is directed that the fact that the petitioners were accused in NIA Case No. RC- 12/17/NIA/DLI, registered for offences under Sections 125, 419, 420, 467, 468, 471 and 120-B of the IPC; Sections 18, 38 and 39 of the UA(P) Act; and Section 12 of the Passport Act, shall not, by itself, constitute a ground for denying the release of their passports, particularly when the period of sentence has already been undergone and completed. Accordingly, unless there exists any other legal impediment or reason warranting retention of the passports, the concerned Department/Court shall consider their release in accordance with law. 3. Accordingly, the official respondents are directed to release the passports of the petitioners, who have already undergone the period of sentence awarded against them. Let the appropriate decision, if required, to be taken by the concerned Trial Court, be taken within a period of six weeks’ from the date of receipt of copy of the order passed today. 4. With these observations, the instant petition stands disposed of. PURUSHAINDRA KUMAR KAURAV, J AUGUST 11, 2026 Nc This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/08/2026 at 13:33:06