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Tag: Return The Passport To Accused

Ravi Ramesh Babu Vs State of Andhra Pradesh on 23 Mar 2022

Posted on November 5, 2022 by ShadesOfKnife

A single judge of AP High Court held as follows,

From Para 4,

4. Learned counsel further relied on the decision passed by this Court in Crl.P.No.1954 of 2020, following the ratio laid down by the Hon’ble Apex Court rendered in Criminal Appeal No.179 of 2008 in the case of “Suresh Nanda V. CBI”, wherein the Apex Court observed that impounding of a passport cannot be done by the Court under Section 104 Cr.P.C. though it can impound any other document or thing. Accordingly, this court held that neither the Police nor the Courts have power to seize the passport or to direct the accused to deposit or surrender the passport even when a criminal case is pending in the court of law and only the Passport Officer is the competent authority to impound the passport.

3 Ravi Ramesh Babu Vs State of Andhra Pradesh on 23 Mar 2022
Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged 1-Judge Bench Decision Courts Can Not Impound Passport Only Passport Authority Can Impound Passport Ravi Ramesh Babu Vs State of Andhra Pradesh Return The Passport To Accused | Leave a comment

Bireddy Pradeep Kumar Reddy Vs The State of Telangana on 09 Nov 2020

Posted on November 5, 2022 by ShadesOfKnife

A single judge of Telangana High Court held as follows:

From Para 18, (When Seizure turns into Impounding – 4 weeks from Seizure)

18. Having given due consideration to the submissions made as above and also taking note of the precedents on which reliance is placed by the learned Counsel appearing for the parties, it is to be seen that retaining of passport by the police authorities after the same is seized beyond a period of four weeks would amount to impounding by the police authority, which power the said authority lacks, as has been held by the Hon’ble Supreme Court in Suresh Nanda V. C.B.I. (2008) 3 SCC 674. Further, this court having regard to the law laid down by the Apex Court and the provisions of the Cr.P.C. including Section 457 Cr.P.C., has by its order in I.A. No.1 of 2019 in W.P. No.22956 of 2019 held that retaining the seized property by the police after being reported to the Magistrate, would have to be considered only as a custodian and such retaining cannot be considered as impounding by the police authorities and passport holder has to make an application to the concerned Court for release of the passport.

From Para 19,

However, even after commencement of functioning of Courts, if the respondent police authority has failed or fails to take steps in depositing the passport within a period of four weeks, the same would amount to impounding, which power the authorities are not conferred with.

From Para 20,

20. Further, even after the seized material is deposited into Court under seizure report, when it comes to passport seized and deposited into Court, the Court is not empowered to impound the passport under Section 104 of Cr.P.C. upon such deposit. The power to impound a validly issued passport is specifically conferred on the passport authority under Section 10(3) of the Passports Act, 1967, being a special enactment would prevail over Cr.P.C. a general enactment. Thus, even after deposit of seized property into the Court, the respondent authority would be required to take further steps by approaching the passport authority under the Passports Act, 1967, and seek for impounding of passport. The said situation can arise only if any one of the condition enumerated in clause (a) to (h) of sub-section (3) of Section 10 of the Passports Act, 1967 being attracted. At this stage, the judgement rendered by the Madras High Court in Jeyabalan case (supra) would be of aid to the case of the petitioner.

From Para 21 (Very Imp: Passport/Travel document can be cancelled by Passport Authority, even when the physical possession of passport is not there with them)

21. It is also to be seen that for impounding of passport by the passport authority on attracting any of the conditions specified in Sub-section (3) of Section 10 of the Passports Act, 1967, having of physical custody of passport is neither mandatory nor specified. It is only the satisfaction of the passport authority that any of the conditions stipulated in (a) to (h) of Section 10(3) is attracted, the authority can impound the same, irrespective of where the passport holder is residing at. However, before passing of impounding order, the authority is required to give opportunity of hearing to the concerned. Thus, the claim of the respondent authorities that, if passport is released to the petitioner, it will be difficult to apprehend him again, does not appeal to this Court for being accepted for the aforesaid reasons and also having regard to the wide amplitude of powers, the passport authority enjoys, unless the petitioner escapes to countries with whom India does not have Extradition Treaties or Arrangements or seeks asylum in a country so permitting. Even otherwise, the said apprehension also appears to be without any basis for the reason, the petitioner claims to be working onsite/onshore with an Indian IT company and would be on employment visa and all his details would be available with the employer as to the onsite location of working and client details and at a call of the employer, the employee can be withdrawn and deported from wherever he is.

Bireddy Pradeep Kumar Reddy Vs The State of Telangana on 09 Nov 2020
Posted in High Court of Telangana Judgment or Order or Notification | Tagged 1-Judge Bench Decision Bireddy Pradeep Kumar Reddy Vs The State of Telangana Catena of Landmark Judgments Referred/Cited to Courts Can Deposit Passport Courts Can Not Impound Passport Only Passport Authority Can Impound Passport Police Confiscated Passport Return The Passport To Accused | Leave a comment

Capt. Anila Bhatia Vs State of Haryana on 09 October, 2018

Posted on October 28, 2018 by ShadesOfKnife

Now Hon’ble High of Punjab and Haryana also held that Courts/Police cannot impound anyone’s passport in India. Only Passport Authority can impound/revoke a passport in India.

Capt. Anila Bhatia Vs State of Haryana on 09 October, 2018

[related_posts_by_tax title=”5 Recently Updated Posts, Similar or Related To Above Post” orderby=”post_modified” posts_per_page=”5″ show_date=”true”]

Posted in High Court of Punjab & Haryana Judgment or Order or Notification | Tagged Capt. Anila Bhatia Vs State of Haryana Courts Can Not Impound Passport Only Passport Authority Can Impound Passport Passports Act - Sec 10(3)(e) Return The Passport To Accused | Leave a comment

Kumar Kamalbabu Bhatt & 2 Vs State Of Gujarat & on 22 January, 2016

Posted on July 28, 2018 by ShadesOfKnife

Hon’ble Justice J.B.PARDIWALA in this judgment bins the vague and general allegations in the 498A case and quashed the FIR on the accused.

Funny anecdotes:

From Para 3,

It appears that the first informant holds a degree of Bachelor of Engineering.

….

I take notice of a very curious allegation in the First Information Report that the in-laws forced the daughter-in-law to do her post graduation i.e. Master of Engineering. It appears that the first informant did complete her Masters in Engineering.

….

As usual, soon after the marriage, matrimonial problems cropped up between the husband and the wife.

From Para 4,

For some reason or the other, the first informant thought fit to take up the issue with the Police and left the matrimonial home on 3rd March, 2013. She thought fit to lodge the FIR on 11th November, 2014.

Kumar Kamalbabu Bhatt & 2 Vs State Of Gujarat & on 22 January, 2016

 

An earlier judgment from same wise judge, which he quoted in this judgment is here.

Posted in High Court of Gujarat Judgment or Order or Notification | Tagged Absurd Or After Thought Or Baseless Or False Or General Or Inherently Improbable Or Improved Or UnSpecific Or Omnibus Or Vague Allegations CrPC 482 - Quash Kumar Kamalbabu Bhatt and 2 Vs State Of Gujarat Return The Passport To Accused | Leave a comment

Nandini Bhatnagar Vs State Govt. Of NCT Of Delhi on 14 December, 2012

Posted on July 23, 2018 by ShadesOfKnife

Hon’ble Delhi High Court held that, “It is settled law that right to travel is a facet of personal liberty and is protected by Article 21 of the Constitution of India. (See Maneka Gandhi Vs. Union of India & Anr., (1978) 1 SCC 248 and Satwant Singh Sawhney Vs. D. Ramarathnam, Assistant Passport Officer, Government of India, New Delhi & Ors., AIR 1976 SC 1836).”

13. This Court is also of the opinion that if the impugned condition imposed by the
Additional Sessions Judge is not immediately set aside, the petitioner in the near future
could lose her job.
14. Moreover, in the opinion of this Court, petitioner who is having no criminal
antecedents and good academic qualifications is unlikely to abscond.
15. Consequently, present petition is allowed and the condition imposed by the impugned
order dated 06th October, 2012 restraining the petitioner from leaving the boundary of
the NCT of Delhi as well as the NCR and the country without the prior permission of the
Court of Metropolitan Magistrate is set aside.
16. The SHO/Investigating Officer is directed to release the petitioner’s passport forthwith.

 

Nandini Bhatnagar Vs State Govt. Of NCT Of Delhi on 14 December, 2012
Posted in High Court of Delhi Judgment or Order or Notification | Tagged Article 21 - Protection of life and personal liberty Courts Can Not Impound Passport Nandini Bhatnagar Vs State Govt. Of NCT Of Delhi Return The Passport To Accused Right to Travel | Leave a comment

Kakulamarri Kalyan Srinivasa Rao Vs CBI on 12 May, 2017

Posted on July 23, 2018 by ShadesOfKnife

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,

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.

Kakulamarri Kalyan Srinivasa Rao Vs CBI on 12 May, 2017
Posted in High Court of Madras Judgment or Order or Notification | Tagged Courts Can Not Impound Passport Kakulamarri Kalyan Srinivasa Rao Vs CBI Only Passport Authority Can Impound Passport Return The Passport To Accused | Leave a comment

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