Hon’ble High Court of Madras in this straightforward judgment, set aside the condition to surrender the petitioner’s passport
From Para 3,
The petitioner is aggrieved against the condition made therein whereby he was directed to surrender his passport before the Court and was directed, not to leave the country without prior permission of the Court.
From Para 5,
The legal question as to whether the police are empowered to retain the passport of an accused under the provisions of Cr.P.C., has come time and again before the Hon’ble Supreme Court and various other Courts and it has been held that the Courts exercising its power under the Cr.P.C., cannot impound the passport under the guise of seizure.
From Para 8,
The objections raised by the learned Special Public Prosecutor for CBI Cases may not be of much relevance since what would be pertinent to decide in the present petition is the powers of police to retain the passport of the petitioner. The Passport Act which is a Special law will prevail over the provisions of the Cr.p.c., the General law.
From Para 9,
Kakulamarri Kalyan Srinivasa Rao Vs CBI on 12 May, 2017
Section 10(3)(e) of the Passport Act specifically deals with impounding of passport whereas Section 104 Cr.P.C., allows the Court to impound the document to produce before the Court. The Passport Act overrides the provision of Cr.P.C., for the purpose of impounding passport. In the present case in hand, the order directing to surrender the passport indefinitely amounts to impounding of the passport itself.