#017 SEIZING AND IMPOUNDING PASSPORTS

QUESTIONS
1. Whether a Police Officer can seize passports?
2. Whether a Police officer can impound passports?
3. Whether a Passport Authority can impound passports?
4. Whether courts can impound passports?
5. Whether the power of Courts to impound documents, applies to passports?

STATUTE
1. Section 102 of Cr.P.C. (Criminal Procedure Code).
2. Section 10 (3)(e) of Passport Act 1967.
3. Sec. 104 of Cr. P.C.
4. Art. 21 of Constitution - (includes freedom to travel).

CASE NO.: Appeal (crl.) 179 of 2008
PETITIONER: SURESH NANDA
RESPONDENT: C.B.I.
DATE OF JUDGMENT: 24/01/2008
BENCH: P.P. NAOLEKAR & MARKANDEY KATJU

To see the full text of this judgement, please visit: http://www.judis.nic.in/supremecourt/chejudis.asp.

BRIEF OUTLINE OF EVENTS/FACTS
An NRI on a visit to India. Police seize his passport, as a part of their investigation of the case pending against him. They submit the passport to the court along with other case documents.

Unable to travel abroad, the NRI approaches the trial court seeking an order to release his Passport. The trial court orders release, imposing some conditions on him. The NRI appeals to High Court, aggrieved by the conditions. The H/C refuses to order release of the Passport. The NRI appeals to the Supreme Court. The Supreme Court orders release of the Passport.

IMPORTANT
Judgements of different courts vary, depending on the circumstances of each case. Case law precedents will, therefore, only be indicative of how things are likely to be where similar facts/events recur.

SOME OBSERVATIONS
*Distinction between seizing and passport and impounding a passport is to be noted.
*Where provisions of a general law and special law overlap, the special law prevails.

BLOGGER'S VIEWS
*Court's powers to impound documents may not include passports. This is to be done by the Passport Authority.
*Police may seize passports for the purpose of investigation u/s 102 of Cr.P.C., but they cannot impound it (retain it for long). If they want impounding to be done, they should send the passport to the Passport Authority, with supporting reasons.
CASES OF RELEVANCE
Satwant Singh's case.
Maneka Gandhi's case.