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HIGH COURT OF CHHATTISGARH AT BILASPUR
Arvind Kumar Verma
Rajesh Mishra S/o Bramheshwar Mishra – Appellant
Versus
State Of Chhattisgarh – Respondent
Order :
(Arvind Kumar Verma, J.)
1. This criminal revision has been preferred by the applicant under Sections 397 & 401 of the Code of Criminal Procedure, 1973 being aggrieved by the order dated 30.05.2023 passed in Criminal Case No.02/2019 by the learned Sessions Judge/Special Judge (Chhattisgarh Nikshepako ke Hito ka Sanrakshan Adhiniyam, 2005) (Annexure A/1), whereby the trial Court has rejected the application filed by the applicant under Section 451 of CrPC.
2. Brief facts of this case are that the present revisioner is accused in the Criminal Case No.02/2019 which is pending before the learned trial Court and facing trial for the offences under Section 420 of I.P.C. and various Sections of Special Act i.e. Chhattisgarh Nikshepako ke Hito ka Sanrankshan Adhiniyam, 2005. The applicant has enlarged on bail, but his passport bearing No.K 5488506 issued by the Republic of India has been seized by the police. Therefore, the applicant has filed an application under Section 451 of Cr.P.C. seeking the interim custody of the passport, but the same has been rejected by the impugned order which is already filed as Annexure A/1. Hence, this revision.
3. Learned counsel for the applicant conte
The Passport Act, 1967 prevails over the CrPC regarding the impounding of passports, which is exclusively within the jurisdiction of the Passport Authority.
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....
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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