The Gujarat High Court has directed the Unique Identification Authority of India (UIDAI) to furnish Aadhaar-related details of five individuals—allegedly Bangladeshi nationals—accused of cheating and forgery in connection with an FIR registered in Vadodara.

The case concerns the alleged exchange of counterfeit 100 Riyal notes for ₹15,000.

Justice Hasmukh D. Suthar passed the order while hearing a plea by the State of Gujarat seeking disclosure of information under Section 33 of the Aadhaar Act, 2016, to aid the investigation.

The Court observed that although the Aadhaar Act, 2016 bars disclosure of identity and authentication information under Sections 28, 29, and 30, an exception is carved out under Section 33, which allows such disclosure by an order of a High Court Judge.

“To unearth the truth and bring the investigation to a logical conclusion, identity-related information is essential. While disclosure is generally barred, the High Court is competent under Section 33 to direct the UIDAI to share such data,” the Court held.

It further emphasized that the accused are alleged to be non-citizens who forged Aadhaar cards and other identity documents, which necessitates verification from UIDAI to determine their true identity.

An FIR (I-C.R. No. 22/2018) was registered at J.P. Road Police Station, Vadodara, under multiple sections of the Indian Penal Code (Sections 406, 420, 467, 468, 471, 114, 120B) and the Aadhaar Act, 2016 (Sections 34 and 42). The complaint alleges that the accused offered Saudi Riyals in exchange for ₹15,000 but delivered only two forged currency notes, thereby committing criminal breach of trust and cheating.

During the investigation, authorities discovered forged Aadhaar and PAN cards in possession of the accused. To verify these documents, the investigating agency sought details from UIDAI but faced statutory hurdles under the Aadhaar Act.

The State submitted that while Sections 28 to 30 impose confidentiality obligations, Section 33 permits disclosure of identity or authentication records upon a judicial order. The Court concurred, holding that such information can be accessed by police through judicial intervention for legitimate investigative purposes.

"Aadhaar verification is vital to aid the investigation. Although privacy protections exist, the law provides an avenue under Section 33 for necessary disclosures by UIDAI when ordered by the High Court,” the order noted.

Accordingly, the Court directed UIDAI (Respondent No. 1) to provide the requested identity-related information of the accused to the State's Investigating Officer.

The petition was disposed of with this direction.

Case Title: State of Gujarat vs. Unique Identification Authority of India, UIDAI, Govt. of India & Ors.
Case No.: Criminal Application No. 6051 of 2023
Date of Judgment: [Insert Date, if available]
Bench: Justice Hasmukh D. Suthar