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2008 Supreme(SC) 119

P.P.NAOLEKAR, MARKANDEY KATJU
SURESH NANDA – Appellant
Versus
C. B. I. – Respondent


Judgement Key Points

Based on the provided legal document, the key points are as follows:

  1. The appellant, a non-resident Indian settled in the United Kingdom for 23 years, had his passport and other documents seized during a search conducted while visiting India. The seizure was related to an FIR based on a sting operation from 2001, and the passport was retained by the authorities (!) (!) .

  2. The appellant requested the release of his passport to travel abroad for a short period. The Special Judge initially ordered the passport to be released with conditions, but the High Court reversed this order, refusing to release the passport (!) .

  3. The appellant argued that the power to impound or retain a passport is governed by the Passports Act, 1967, specifically Section 10(3)(e), which authorizes impounding when proceedings for an offence are pending before a criminal court. He emphasized that the Passports Act is a specific law that prevails over general laws like the Cr.P.C. (!) (!) (!) (!) .

  4. The respondent contended that powers under the Cr.P.C., particularly Sections 102, 165, and 104, permit seizure and impounding of documents, including passports. However, the court clarified that while seizure can be authorized under the Cr.P.C., impounding of a passport is specifically governed by the Passports Act and can only be done by the passport authority under its provisions (!) (!) (!) (!) .

  5. It was highlighted that the police or courts do not have the authority to impound a passport directly under the general provisions of the Cr.P.C. without following the procedures laid down in the Passports Act. Retaining the passport without an order from the passport authority was deemed illegal (!) (!) (!) .

  6. The court reaffirmed that the Passports Act is a special law that overrides general laws concerning impoundment. Therefore, the power to impound a passport is exclusively vested in the passport authority, and the courts cannot exercise this power directly (!) (!) (!) .

  7. The court directed the respondent to return the passport to the appellant within a week. It also clarified that the respondent could approach the passport authorities under the relevant provisions of the Passports Act for lawful impounding in accordance with law (!) .

  8. The court emphasized that it was not expressing an opinion on whether the passport could be impounded as a condition for bail, but rather that the impoundment must follow the proper legal procedures under the Passports Act (!) .

  9. Overall, the judgment underscores the principle that special statutes governing specific matters, such as the Passports Act, take precedence over general procedural laws like the Cr.P.C. when it comes to the impoundment of passports (!) (!) .

  10. The appeal was disposed of with directions to return the passport to the appellant and to follow the appropriate legal procedures for impoundment if necessary.


O R D E R

1. Leave granted.

2. The appellant claims to be a non-resident Indian settled in United Kingdom for the last 23 years. The passport of the appellant as well as other documents were seized by the respondent from 4, Prithviraj Road, New Delhi in a search conducted on 10.10.2006 when the appellant was on a visit to India. The said search and seizure was pursuant to an F.I.R. dated 9.10.2006 registered on the basis of a sting operation carried out by a news portal in the year 2001. The passport seized during the search was retained by the C.B.I. officials. An application was moved by the appellant before the Special Judge, C.B.I., Patiala House Courts, New Delhi praying for release of his passport so that he can travel abroad to London and Dubai for a period of 15 days. The learned Special Judge, by order dated 15.1.2007, directed the release of the passport to the appellant by imposing upon him certain conditions. Aggrieved against the order passed by the learned Special Judge, C.B.I., the respondent preferred a Criminal Revision before the High Court. The High Court, by order dated 5.2.2007, reversed the order of the learned Spec



























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