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Neutral Citation No. - 2025:AHC:136730-DB Court No. - 21 Case :- WRIT - C No. - 26981 of 2025 Petitioner :- Mohammad Gulfam Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Irshad Ahmad Counsel for Respondent :- A.S.G.I.,Ritu Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J.
1. The prayer made in the instant petition is for issuing a writ of mandamus directing respondent No.3 to release Passport No.U3544357 of the petitioner as soon as possible.
2. The admitted case of the petitioner is that while he was travelling from Muscat to Jaipur, a search was carried out at Jaipur Airport, in which 143.950 grams of gold was recovered from him and consequently, his passport was seized. In the said case, certain penalty was imposed, which has been duly paid by the petitioner. Consequently, the Assistant Commissioner, Government of India, Ministry of Finance, Department of Revenue, Jaipur vide letter dated 21.12.2024 clarified to the Regional Passport Officer that his office has no objection in regard to release of original passport of the petitioner. The case of the petitioner is that despite the same, the passport has not been released.
3. Ms. Ritu, learned counsel appearing for the respondents states that the petitioner has a right to file an appeal against the action of the respondents in seizing his passport.
4. The case of the petitioner is that he is not challenging the action of the respondents in seizing gold. The department has already recommended for release of his passport. We are, therefore of the opinion that no useful purpose would be served in relegating the petitioner to the remedy of appeal. We dispose of the instant petition with direction to respondent no.3 to examine the prayer of the petitioner for release of his passport in light of the recommendation made by the Ministry of Finance, Department of Revenue, Jaipur, vide letter dated 21.12.2024, within three weeks from the date of communication of the instant order along with a photocopy of the letter dated 21.12.2024. (R.M.N.Mishra, J.) (Manoj Kumar Gupta, J.) Order Date :- 12.8.2025/Amit Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad