Case Note & Summary
The petitioner, Rakesh s/o Late Prithviraj Dhody, a chartered accountant, was an accused in Crime No. 228/2004 registered at Ambazari Police Station, Nagpur, for offences under Sections 201, 406, 409, 420, 468, 471 read with 109 and 34 of the Indian Penal Code, 1860. During investigation, the police seized his passport and forwarded it to the Chief Judicial Magistrate, Nagpur along with the charge sheet. The petitioner filed a criminal writ petition seeking a declaration that the seizure was illegal and for release of the passport to permit him to travel abroad. The petitioner argued that the police had no power to seize or impound the passport under the Code of Criminal Procedure, 1973, as no offence under the Passport Act, 1967 was alleged, relying on the Supreme Court judgment in Suresh Nanda v. Central Bureau of Investigation (2008) 3 SCC 674. The respondent State opposed the petition. The court held that the Passport Act, 1967 is a complete code regarding impounding of passports, and the police cannot seize or impound a passport under Section 102 CrPC for IPC offences. The court directed the Chief Judicial Magistrate to release the passport and forward it to the Passport Authority, which may consider impounding if necessary. The petitioner was permitted to travel abroad subject to conditions, including furnishing an undertaking to return and cooperate in the trial.
Headnote
A) Criminal Procedure - Seizure of Passport - Power of Police - The investigating agency has no power to seize or impound a passport under the Code of Criminal Procedure, 1973 for offences under the Indian Penal Code, 1860, as the Passport Act, 1967 is a complete code governing impounding of passports. The police must forward the passport to the Passport Authority for appropriate action. (Paras 3-4) B) Passport Act, 1967 - Impounding of Passport - Exclusive Jurisdiction - Section 10(3) of the Passport Act, 1967 read with Section 10(5) and Section 10(6) provides the exclusive procedure for impounding a passport. The police cannot impound a passport under Section 102 CrPC for IPC offences. (Paras 3-4) C) Criminal Procedure - Release of Seized Passport - Directions - The court directed the Chief Judicial Magistrate, Nagpur to release the passport of the petitioner and forward it to the Passport Authority, which may consider impounding if necessary. The petitioner is permitted to travel abroad subject to conditions. (Para 4)
Issue of Consideration
Whether the investigating agency has the power to seize or impound a passport of an accused in a crime registered under the Indian Penal Code, when no offence under the Passport Act, 1967 is alleged.
Final Decision
The court allowed the petition. Directed the Chief Judicial Magistrate, Nagpur to release the passport of the petitioner and forward it to the Passport Authority, which may consider impounding if necessary. The petitioner is permitted to travel abroad subject to conditions including furnishing an undertaking to return and cooperate in the trial.
Law Points
- Passport cannot be seized or impounded by police under CrPC for IPC offences
- only Passport Authority can impound under Passport Act
- 1967
- Suresh Nanda v. CBI (2008) 3 SCC 674 followed
