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IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 13^TH DAY OF AUGUST, 2021

BEFORE

THE HON9BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

CRIMINAL PETITION No.100265/2021

BETWEEN:

JANNA PIETARI PAASONEN,

AGED ABOUT 35 YEARS, OCC: COOK,

R/O. POSTAE, RESTANTE-00100,

HELSINKI, FINLAND,

PRESENTLY HARI OM HOTEL,

GOKARNA, TQ. KUMTA,

DIST. UTTARA KANNADA - 581319

...PETITIONER

(BY SRI. SHIVAKUMAR S. BADAWADAGI, ADVOCATE)

AND:

THE STATE OF KARNATAKA,

BY GOKARNA POLICE,

BY SPP HIGH COURT OF KARNATAKA,

DHARWAD - 580011

... RESPONDENT

(SRI. R. RAVINDRA NAIK, HCGP FOR RESPONDENT)

THIS

CRIMINAL

PETITION

IS

FILED

UNDER

SECTION 482 OF CR.P.C., SEEKING TO QUASH THE

ORDER DATED 18.06.2020 PASSED BY THE PRINCIPAL

DISTRICT AND SESSIONS JUDGE, UTTARA KANNADA

AT KARWAR IN SPECIAL CASE NO.24/2020 THE COPY

OF THE SAME IS PRODUCED AS AT ANNEXURE-C TO

THE PETITION AND CONSEQUENTLY BE PLEASED TO

ALLOW THE APPLICATION FILED BY THE PETITIONER

UNDER SECTION 457 OF CRIMINAL PROCEDURE CODE

2

FOR

RELEASE

OF

ITEM

3-8

IN

SPECIAL

CASE

NO.24/2020

AND

THE

COPY

OF

THE

SAME

IS

PRODUCED AS AT ANNEXURE-A TO THE PETITION.

THIS

CRIMINAL

PETITION

COMING

ON

FOR

ORDERS

THIS

DAY,

THE

COURT

MADE

THE

FOLLOWING:

ORDER

This

petition

is

filed

by

the

accused

seeking to quash the order dated 18.06.2020

passed by the Principal District & Sessions

Judge, Uttara Kannada, Karwar, in Special Case

No.24/2020, rejecting the application filed by

the petitioner under Section 457 of Cr.P.C., for

release of item Nos.3 to 8 mentioned in the

charge-sheet column No.11.

2.

Heard the learned counsel for the

petitioner

and

the

learned

HCGP

for

the

respondent-State.

3.

The charge-sheet is filed against the

petitioner/accused for the offences punishable

3

under Sections 80(c), 20(b)(ii)(A) of NDPS Act,

1985.

During

the

investigation,

the

Investigating Officer has seized item Nos.1 to 8

mentioned at column No.11 of the charge-

sheet. The seized items mentioned at Sl.Nos.1

and 2 are charas, item No.3 is Passport and

Visa, item No.4 is cash of Rs.5,450/-, item

No.5 is Black colour bag-1, item No.6 is Nokia

keypad mobile-1, item No.7 is one small torch

and item No.8 is light khaki colour purse-1.

The petitioner filed application under Section

457 of Cr.P.C., seeking release of item Nos.3

to 8, which are subjected in P.F.No.5/2020 and

which are referred to above. The State filed

objections. The learned Principal District and

Sessions Judge, Uttara Kannada, Karwar, by

order dated 18.06.2020 has rejected the said

application

filed

by

the

petitioner

under

4

Section 457 of Cr.P.C. The learned Sessions

Judge/Special

Judge

has

rejected

this

application seeking release of the Passport on

the ground that, the petitioner is a foreigner

and is permanent resident of Finland State and

if the Passport and Visa are released, there are

chances of his absconding and jumping bail

conditions.

4.

Learned counsel for the petitioner

placing reliance on the decision of the Hon9ble

Apex Court in the case of Suresh Nanda Vs.

Central Bureau of Investigation, reported in

(2008) 3 SCC 674, has contended that,

retaining

the

seized

Passport

amounts

to

impounding which is not permissible under

Section 10(3) of the Passports Act, 1967 and it

is only the Passport Authority which has power

to impound the Passport. He further contended

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that,

the

mobile

of

the

petitioner

seized

contains

the

Bank

transactions

and

other

contact details, which are required by the

petitioner for his day to day activities.

5.

Per contra, the learned HCGP has

contended that, the petitioner is a foreign

resident of Finland State and if the Passport

and Visa are released, there are chances of his

absconding and jumping the bail conditions and

hampering the trial.

6.

The police have power to seize a

Passport

under

Section

102

of

Cr.P.C.

Retaining of the Passpo