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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR
URMILA JOSHI-PHALKE
Sandeep s/o Harish Kewlani – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
1. By this petition, the petitioner seeks following reliefs:
2. To issue an appropriate writ/order/direction to hold and declare that the respondent authority cannot seize Passport invoking provisions of Section 102 of the Code of Criminal Procedure and the act of the respondent authority of seizing the Passport is arbitrary, illegal, and capricious and direct the respondent authority to release and hand over the Passport to the petitioner.
2. Heard learned counsel Shri A.S.Kesari for the petitioner and learned counsel Shri P.Sathianathan for the respondent authority. By consent of learned counsel appearing for parties, the petition is taken up for final hearing.
3. Learned counsel for the petitioner submitted that the petitioner is engaged in film industry as Writer and Director in Bollywood and also a Businessman. First Information Report was lodged against him under Sections 420 and 120(b) of the Indian Pe
The authority to impound a Passport lies solely with the Passport authority under the Passports Act, not with the police or courts under the Code of Criminal Procedure.
Point of Law : Release of passport - Since criminal proceedings are pending against the petitioner, the apprehension of the 2nd respondent that he would abscond and not be available for trial also re....
The Passport Act, 1967 prevails over the CrPC regarding the impounding of passports, which is exclusively within the jurisdiction of the Passport Authority.
The main legal point established is that the power to impound a passport is vested in the Passport Authority under the Passports Act, 1967, and neither the police nor the criminal court can impound a....
Seizure of Passport – Passport of an individual is an important document – In absence of any crime committed or suspected to have been committed with said document, Passport cannot be seized or retai....
The main legal point established in the judgment is that the seizure and retention of a passport, mobile phone, and identity card during an investigation must be in accordance with the specific provi....
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