O R D E R

On 29.04.2022, the Directorate of Revenue Intelligence, Coimbatore received a secret information that four Malaysian passengers, traveling by Scoot Airlines, Flight No.TR540 from Singapore to Coimbatore are likely to carry Gold with an intent to smuggle it to India without payment of the applicable customs duty. Upon such information, surveillance was monitored and the four passengers were identified and upon search, there was nothing found in respect of two passengers and they were allowed to go, while, in respect of Tangkeswaran, bearing Malaysian Passport No.A55506477 and one Nandhini Tangkeswaran bearing of Malaysian Passport No.A55506479, in two parcels in their bags, covered with white color adhesive tapes, were found to be gold bars weighing 2.1kgs each, totaling to 4.2kgs were seized. Before the seizure, the said persons answered that they did not have any such material with them. Therefore, the said persons were arrested and remanded to custody, pending adjudication proceedings as well as pending criminal prosecution by the authorities under the Customs Act.

2. While so, after being released on bail, the said two Malaysian nationals have filed Crl.M.P.Nos.20974 and 20975 of 2022 for return of their respective passports to them. The same was resisted by the respondent / prosecution on the ground that the petitioners have to face the criminal prosecution and being Malaysian nationals, the passports cannot be returned to them as they would flee justice. After considering the materials on record and the submissions on either side, by an order dated 01.078.2022, the learned Chief Judicial Magistrate, Coimbatore dismissed both the applications. Aggrieved by the same, the present revisions are filed.

3. Heard Mr.B.Kumar, learned Senior Counsel appearing on behalf of the petitioners and Mr.N.P.Kumar, learned Special Public Prosecutor appearing on behalf of the prosecution.

4. Learned Senior Counsel would submit that this is a case in which the petitioners are alleged to have brought in 2.1kgs of Gold each and the allegation is that they have evaded duty. Therefore, the said Gold, weighing 4.2kgs are already seized by the authorities and therefore, it would be in their best interest to appear in the adjudication proceedings as even as per the prosecution the same is of the total value of Rs.4.58 crores. Further, even though they are foreign nationals, they are persons of Indian origin having connections and roots in India and therefore, will not flee justice and even if allowed to go back to their country, will come back and face the trial. It may be seen for the said violation, they are forcibly living in India from 29.04.2022 onwards. In this factual background, learned Senior Counsel would submit that in the instant case, there is no bail condition which was imposed on the petitioners/accused to surrender the passports. The learned Senior Counsel would also take this Court to the bail orders granted from which it is clear that there is no condition imposed by the Bail Court. Once the passports are not surrendered by the petitioners, pursuant to any directions of the Court in bail order, then, absolutely the respondents, namely, the Customs Authorities have no power whatsoever to seize the passports.

5. In this connection, learned Senior Counsel would rely upon the judgment in Thanapal Vs Assistant Collector of C.E.1, wherein it has been held that the Customs Authorities have no right to seize the passport under Section 110 of the Customs Act. The learned Senior Counsel further relied upon the judgment of this Court in Sri-la-Sri Arunagirinathar Sri Gnanananda Desika Paramachariya Swamigal, Madurai Vs State of Tamil Nadu and another2, morefully relying upon paragraphs 7 to 9 of the said judgment for the proposition that no person can be prevented from traveling abroad, unless the passport is impounded in the manner known to law by the Regional Passport Authority, which would be only under Section 10 of the Passports A