A single judge bench of AP HC held as follows while directing to release the passport of the petitioner.
From Para 4 and 5,
4. In view of the above finding of the Hon’ble Apex Court, directing for surrender of passport or to deposit the same in the Court is ex-facie illegal and it is clearly un-sustainable under Law.
5. In the light of the law laid down by the Hon’ble Apex Court, 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.
Y Usha Gayatri Vs State of AP and Anr on 13 Oct 2020
Citations:
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Shades of Knife
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