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BECHU KURIAN THOMAS
Davood S/o Shamsudheen – Appellant
Versus
State of Kerala – Respondent
JUDGMENT
Petitioner’s passport was seized by the Intelligence Officer of the Narcotics Control Bureau alleging commission of an offence under the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the NDPS Act’). Petitioner’s application for interim custody of his passport filed under section 451 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’) was dismissed by the impugned order and hence this challenge under section 482 Cr.P.C.
2. On 12.09.2021, a parcel was allegedly received at a Cargo office at Kochi and on verification it was found that the parcel contained 3.500 kgs of hashish oil in 8 containers and the consignee’s address and the mobile number was that of the petitioner. For the last ten years, petitioner had been working in Bahrain and he came down to India only on 11.03.2022. He was interrogated, and arrested on 02.04.2022, and his passport, identity card issued by the Kingdom of Bahrain and his mobile phone were seized. Petitioner was later released on bail on 09.05.2022.
3. In the meantime, petitioner filed Crl. M.P. No. 1260 of 2022 before the Sessions Court, Ernakulam, under section 451 Cr.P.C. seeking release of his passport, ID card and mo
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....
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 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.
The Passport Act, 1967 prevails over the CrPC regarding the impounding of passports, which is exclusively within the jurisdiction of the Passport Authority.
A criminal court cannot impose conditions on bail that restrict personal liberty, such as retaining a passport, 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....
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