IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
TIRUMALA DEVI EADA
Imran Mohammed – Appellant
Versus
State Of Telangana – Respondent
ORDER :
1. This Criminal Petition is filed seeking to quash the order, dated 28.07.2023, passed in Crl.M.P.No.2976 of 2023 in Crime No.51 of 2023 of SIT Police Station, CCS, Hyderabad (old Crime No.309 of 2022 of Nampally Police Station, Hyderabad), by the learned XII Additional Chief Metropolitan Magistrate, Hyderabad, and consequently, to release the passport of the petitioner.
2. Heard Sri Mohammed Amair Sohail, learned counsel for the petitioner and Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor for respondent No.1-State.
3. Learned counsel for the petitioner submitted that the trial Court has erroneously dismissed the present petition filed by the petitioner, wherein the petitioner has prayed to grant interim custody of his passport to obtain visa to go to Umrah pilgrimage. He further submitted that the petitioner has deposited his passport before the Court in compliance of the conditions imposed while granting bail and that the petitioner is very much entitled to the custody of his passport. He further submitted that the passport cannot be impounded by any authority, but for the passport authority as laid down by the Honourable Apex Court in catena of judgmen
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.
Trial courts cannot withhold passports post-acquittal unless required for ongoing proceedings, as their retention infringes on personal liberty and doesn't comply with statutory mechanisms governing ....
Courts do not have the power to impound passports, and only the Passport Officer is the competent authority to do so.
The Passport Act, 1967 prevails over the CrPC regarding the impounding of passports, which is exclusively within the jurisdiction of the Passport Authority.
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