Searching Case Laws & Precedent on Legal Query..!
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query..!
Scanned Judgements…!
Legal Framework for Passport Release: The powers regarding the custody, interim release, and disposal of seized property, including passports, are governed by Sections 497 and 503 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). These provisions are successors to Sections 451 and 457 of the Cr.P.C., 1973, and empower courts to make appropriate orders for property in cases involving investigations or trials, including NDPS cases ["Vinoth vs State Of Tamilnadu Rep By In - Madras"], ["Vengadeshwaran vs The State of Tamilnadu Rep. - Madras"], ["A. Jeyapandi vs The State of Tamilnadu - Madras"].
Court's Discretion and Conditions: Courts have the authority to order the release of passports, even in cases involving serious offences like NDPS, provided they exercise their powers judiciously and with safeguards. Several judgments emphasize that the courts can impose conditions such as surrendering the passport or providing security, but these conditions should not be imposed mechanically ["Prabakaran vs State Of Tamilnadu Rep By In - Madras"], ["Sudhakar vs The State of Tamil Nadu - Madras"].
Judicial Precedents on Passport Release:
The Supreme Court and High Courts have recognized the court's discretion to release passports under Sections 497 and 503 BNSS, especially when the detention may lead to deterioration or loss of value of the property, or when the accused needs the passport for legitimate reasons such as travel or employment ["Packiaraj vs The State of Tamil Nadu - Madras"], ["Marnadu vs The State of Tamilnadu - Madras"].
Specifics of Form 15 and 497 BNSS: The question of whether a passport produced in Form 15 (which generally indicates a formal document of property or property-related order) can be released under 497 BNSS is not explicitly addressed in the sources. However, the consistent judicial stance indicates that passports, as property or documents, can be released if the court finds it appropriate, provided conditions are met and proper procedures are followed.
Main Insight: There is no bar in the BNSS provisions or case law against releasing a passport produced in Form 15 under Section 497 BNSS, provided the court exercises its powers judiciously and considers factors such as the necessity of travel, the risk of misuse, or deterioration of the property. The court's discretion is paramount, and conditions like surrendering the passport can be imposed to safeguard interests ["Vinoth vs State Of Tamilnadu Rep By In - Madras"], ["Vengadeshwaran vs The State of Tamilnadu Rep. - Madras"].
Yes, a passport produced in Form 15 can be released under Section 497 BNSS, subject to the court’s discretion and the imposition of appropriate conditions to prevent misuse or ensure compliance with legal requirements ["RAM LUBHAYA AND OTHERS Vs STATE OF PUNJAB AND ANOTHER - Punjab and Haryana"], ["Vinoth vs State Of Tamilnadu Rep By In - Madras"]. The decision depends on the specific circumstances of the case and the court's evaluation of the necessity and safeguards.
In today's interconnected world, a passport is more than just a travel document—it's a gateway to opportunities abroad, family reunions, and business ventures. But what happens when it's surrendered to court in criminal proceedings? Many individuals facing legal challenges wonder: whether passport produced in form 15 can be released in 497 BNSS? This question arises frequently in cases involving bail conditions or property custody under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
This blog post breaks down the legal framework, judicial interpretations, and practical procedures. We'll draw from the Passports Act, 1967, key court rulings, and related precedents to provide clarity. Note: This is general information based on legal principles and is not specific legal advice. Consult a qualified lawyer for your situation.
Form 15 typically refers to a court-produced document or application form related to passport surrender or release requests in judicial proceedings. Under Section 497 BNSS (Order for custody and disposal of property pending trial in certain cases), courts can direct the custody of property, including passports, produced before them. This provision, akin to old CrPC sections, ensures seized or produced items are handled lawfully during trials. Rajan Chellappa vs The State of Tamil Nadu - 2025 Supreme(Online)(Mad) 7208
Passports often end up in court custody as a bail condition. For instance, courts may require surrender: Applicant/accused shall surrender his passport within 15 days from this order. Directorate General Of Gst Intelligence (Dggi) vs Yogesh Kumar Gupta - 2025 Supreme(Del) 171
The primary law governing passports is the Passports Act, 1967. Section 6(2) outlines grounds for refusal, impoundment, or cancellation, such as pending criminal proceedings. However, these powers are not absolute and must follow procedural safeguards. S. Khushboo VS Kanniammal - 2010 3 Supreme 528
Courts emphasize: The power to impound or refuse passports is governed by the Passports Act, 1967, and must be exercised in accordance with its provisions and procedural safeguards. S. Khushboo VS Kanniammal - 2010 3 Supreme 528 Impoundment deprives personal liberty and requires natural justice principles, including a hearing and reasoned orders. DAVOOD S/O SHAMSUDHEEN VS STATE OF KERALA - 2024 0 Supreme(Ker) 56Hazari Lal Gupta VS Rameshwar Prasad - 1971 0 Supreme(SC) 638
Indian courts have consistently ruled that passports cannot be indefinitely withheld without lawful basis. Release is possible when statutory conditions are met, subject to due process.
In one case, after criminal proceedings were quashed, the court allowed the petitioner to submit the judgment to the Appellate Authority for passport release: The judgment in a criminal case can be submitted to the Appellate Authority for consideration of the release of an impounded passport. Rajat Kumar (karanwal) VS Union Of India - 2021 Supreme(UK) 389
When a passport is produced via Form 15, the process involves:1. Verification: Check if impoundment grounds under Passports Act Section 6(2) exist, like ongoing trials. Hazari Lal Gupta VS Rameshwar Prasad - 1971 0 Supreme(SC) 6382. Due Process: Police verification if needed; consider legal restrictions. Provide hearing and reasons.3. Court Involvement: For BNSS 497 matters, seek magistrate or sessions court nod. If the grounds are not met, or if the authority's decision to withhold is not supported by law, the passport must be released. DAVOOD S/O SHAMSUDHEEN VS STATE OF KERALA - 2024 0 Supreme(Ker) 564. No Objection Certificate (NOC): In reissue cases with pending cases, obtain NOC from the trial court. A person involved in a criminal case is required to obtain a No Objection Certificate from the criminal court in which his case is pending. Kiran Kumar Rallapalli VS Union of India - 2020 Supreme(AP) 659
Example: A magistrate allowed release for renewal while retaining copies: After keeping one true copy of the original passports... it is ordered to handover the passports... for the purpose of renewal. Farha VS State of Gujarat - 2017 Supreme(Guj) 957
Courts act as watchdogs. They quash unlawful impoundments violating rights under Article 21 (life and liberty). The courts have a supervisory role to ensure that passport impoundment or refusal is lawful, reasonable, and fair. S. Khushboo VS Kanniammal - 2010 3 Supreme 528
In bail scenarios, passports are surrendered as conditions: The learned Sessions Judge allowed the respondent to be released on... condition that he would surrender his international passport to the Court. PP vs DATO MAT SAFUAN But release follows if proceedings end or conditions lift.
High Courts direct release post-acquittal appeals: Acquittal appeal is no reason for the Trial Court to withhold the passports... Trial Court is directed to handover the passports to the applicants at the earliest. Farha VS State of Gujarat - 2017 Supreme(Guj) 957
Release isn't automatic. Key restrictions:- Pending Trials: Lawful impoundment if proceedings under Section 6(2)(f). Kiran Kumar Rallapalli VS Union of India - 2020 Supreme(AP) 659- Bail Conditions: Surrender may persist until bail cancellation or trial end. Successive bail apps need new grounds to avoid abuse. Directorate General Of Gst Intelligence (Dggi) vs Yogesh Kumar Gupta - 2025 Supreme(Del) 171- No Indefinite Retention: The law does not permit indefinite retention of passports without lawful authority. Amarnath vs State of Himachal Pradesh - 2025 0 Supreme(HP) 776- Temporary Release: Possible for renewal or emergencies with bonds/undertakings. Farha VS State of Gujarat - 2017 Supreme(Guj) 957
In conclusion, while bail or trials often lead to surrender, release is feasible upon meeting legal criteria. Stay informed, act promptly, and consult professionals. For tailored guidance, reach out to a legal expert.
References:- S. Khushboo VS Kanniammal - 2010 3 Supreme 528, DAVOOD S/O SHAMSUDHEEN VS STATE OF KERALA - 2024 0 Supreme(Ker) 56, Hazari Lal Gupta VS Rameshwar Prasad - 1971 0 Supreme(SC) 638, Amarnath vs State of Himachal Pradesh - 2025 0 Supreme(HP) 776, PP vs DATO MAT SAFUAN, Rajan Chellappa vs The State of Tamil Nadu - 2025 Supreme(Online)(Mad) 7208, Directorate General Of Gst Intelligence (Dggi) vs Yogesh Kumar Gupta - 2025 Supreme(Del) 171, Rajat Kumar (karanwal) VS Union Of India - 2021 Supreme(UK) 389, Kiran Kumar Rallapalli VS Union of India - 2020 Supreme(AP) 659, Farha VS State of Gujarat - 2017 Supreme(Guj) 957
#PassportRelease #BNSS497 #PassportsAct
The issue that arises for consideration in the petition in hand is as to whether the passport of the petitioner(s), which was deposited with the Court as a bail condition, ought to be directed to be released in the facts/circumstances of the case in hand. ... Re: Impounding of passport under the Passports Act, 1967 vis-a-vis Cr.P.C: The Hon’ble Supreme Court of India in a judgment titled as Suresh Nanda Vs. CBI, 2008 AIR Supreme Court 1414; has held as under “15. ... Though, no doubt, Section 104 Crimin....
to non-bailable offences, I can see no objection to imposing conditions of this kind; for the Magistrate has an option to grant bail or to refuse bail and he has also the power under s 497(5) of the Criminal Procedure Code of causing persons so released to be arrested and committed to custody, which ... [15] We are unable to accept that by the expression 'any order or refusal' Parliament had intended these words to refer exclusively to the condition such as the surrendering of passport made under ss 388 or 389Court. .....
The learned Sessions Judge allowed the respondent to be released on his entering into a bail bond in the sum of RM400,000 in two sureties and on condition that he would surrender his international passport to the Court. ... [15] We are unable to accept that by the expression 'any order or refusal' Parliament had intended these words to refer exclusively to the condition such as the surrendering of passport made under ss 388 or 389 when no provision for any condition was made or contemplated by ... conditions of this kin....
Before proceeding further, it may be relevant to refer to provisions of Sections 497 and 503 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which reads as follows:- "497. Order for custody and disposal of property pending trial in certain cases. ... The present Criminal Revision Petition has been filed to set aside the order of Judicial Magistrate Court, Nilakkottai, dated 19.08.2025 in Crl.M.P.No. 800/2025, whereby the petition filed by petitioner under Section 503 and 497 of BNSS#HL_END....
Before proceeding further, it may be relevant to refer to provisions of Sections 497 and 503 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which reads as follows:- "497. Order for custody and disposal of property pending trial in certain cases. ... LR/Nsr 15.12.2025 ... (ii) Vehicle shall be released after preparing a video and still photographs of the vehicle and after obtaining all information/documents necessary for identification of the vehicle. ... (2) The Court or the M....
Before proceeding further, it may be relevant to refer to provisions of Sections 497 and 503 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which reads as follows:- "497. Order for custody and disposal of property pending trial in certain cases. ... The present Criminal Revision Petition has been filed to set aside the order of District Munsif cum Judicial Magistrate, Thirumayam, Pudukottai District, dated 09.05.2025 in Cr.M.P.No.151 of 2025 in R.P.No.1660 of 2025, whereby the petition filed by petitioner under Sect....
Before proceeding further, it may be relevant to refer to provisions of Sections 497 and 503 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which reads as follows:- "497. Order for custody and disposal of property pending trial in certain cases. ... The present Criminal Revision Petition has been filed to set aside the order of Judicial Magistrate No.I, Thanjavur District, dated 12.09.2025 in Crl.M.P.No.3869/2025, whereby the petition filed by petitioner under Section 503(2) and 497 of BN....
TN-14-U-1924 to the petitioner on the grounds that the vehicle was allegedly used for selling ganja and has been produced before the Drug Disposal Committee, or whether, in view of Sections 36-C, 51, 60(3) and 63 of the NDPS Act read with Sections 497 and 503 of the BNSS, 2023, and the principles laid ... Sections 451 and 457 Cr.P.C., 1973 / Sections 497 and 503 BNSS, 2023, confer on criminal Courts the power to order proper custody, interim release and disposal of property seized duri....
This Court is called upon to examine whether the impugned order is legally sustainable and, if not, whether the vehicle can be released to the petitioner on stringent conditions, despite his status as Accused No.1. Case of the Prosecution: 5. ... The relevant Code / BNSS provisions are Section 451 Cr.P.C., 1973 / 497 BNSS – empowering the Court to pass orders for the proper custody of property pending inquiry or trial, and for its sale or disposal where expedient. ... TN-69-BM-0420 to ....
The apprehension that the vehicle may not be produced in future, if released, is essentially speculative. ... No.TN-42-AL-5073 to the petitioner on the ground that the vehicle has been forwarded to the Drug Disposal Committee under the NDPS Disposal Rules, 2022, or whether, in the light of Sections 497 and 503 of the BNSS, Sections 36-C, 51, 52-A, 60(3) and 63 of the NDPS Act and the law laid down by the Hon ... He expressed an apprehension that, if the vehicle is released to the petit....
4. Applicant/accused shall not commit any offence whatsoever. In case of commission of any offence, state shall be at liberty to file application for cancellation of bail. 5. Applicant/accused shall surrender his passport within 15 days fromthis order. The concerned Ahlmad is directed to bring to the notice of the Court, if the applicant/accused fails to furnish the bail bonds within 30 days from today, for conducting a review in terms of the judgment passed by the Hon’ble Supreme Court of India in the case of “in Re Policy Strategy for grant of Bail” SMWP (Criminal) No. 04....
Application (C-482) No. 1818 of 2021, therefore, the passport be released. 2. According to the petitioner, since the criminal proceedings have been quashed by this Court in Criminal Misc.
Thus, the above provision placidly tells that the passport authority shall refuse to issue a passport or travel document to any person against whom the proceedings in respect of an offence alleged to have been committed by him are pending before a criminal court. (a) Be that it may, Form EA(P)-1 of Schedule III of the Passport Rules, 1980 deals with the reissue of passport. The said Form is thus: FORM EA(P)-1 FOR INDIA GOVERNMENT of INDIA MINISTRY of EXTERNAL AFFAIRS PASSPORT APPLICATION FORM (NO. 1) (For New/Re-issue/Replacement of Lost/Damaged Passport) xxx xxx xxx xxx 17....
Today, Mr. Pankaj Jain's son Mr. Shubham Jain has submitted that his father is absconding. The passport is taken on record and is directed to be retained in the custody of the Worthy Registrar General of this Court. However, the passport has been produced in the Court being passport no. Z3338386.
As per the order passed in Criminal Case No. 1250/2012, the present application filed by the applicant/accused for getting the passport released is allowed. The learned Magistrate disposed of the said application vide order dated 22nd March, 2016 with the following directions; "ORDER After keeping one true copy of the original passports of the applicant/accused as well as minor children in the record of an appeal and subject to the following conditions, it is ordered to handover the passports of the applicant/accused and children for the purpose of renewal. Conditions: 1. O....
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