14. cr appln 4328-10.doc RMA IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4328 OF 2010 Arun Gupta .. Applicant Vs Directorate of Revenue Intelligence & Ors .. Respondent Mr. M.K. Kocharekar i/b M/s. Rajeev Sawant & Associates for the Applicant Mr. J.B. Mishra for Respondent No. 1 Ms. A.A. Mane, APP for the State CORAM : SMT. V.K. TAHILRAMANI, J DATE : 20th OCTOBER, 2010. P.C.: 1. Heard learned advocate for the applicant-original accused and learned counsel for respondent no. 1. 2. The applicant has prayed that respondent no.1-Directorate of Revenue Intelligence, Mumbai to return the passport of the applicant which was surrendered by the applicant before respondent no. 1 vide order dated 23rd August 2006 passed in Criminal Bail Application No. 1614 of 2006 in R.A. No. 32 of 2006. 3. Learned counsel for the applicant submitted that Directorate of Revenue Intelligence cannot impound the passport of the applicant and the said passport be 1 14. cr appln 4328-10.doc returned to the applicant. 4. It is seen that by order dated 23rd August 2006, learned Additional Sessions Judge while granting bail to the applicant imposed a condition which reads as under: " Applicant is directed to surrender his passport with the IO, if not surrendered as yet and it shall remain with the officer of the Investigating Machinery till the conclusion of the trial. " It is, in these circumstances that the passport came to be surrendered to the DRI Authorities. Pursuant to the said order, DRI authorities retained the passport of the applicant and kept it with them. Thus, no fault can be found with DRI for retaining the passport. As on account of the condition imposed by the learned Sessions Judge, the passport has been retained by the DRI, if the applicant is seeking return of the passport, he should seek modification of the order dated 23rd August 2006. 5. Liberty is granted to the applicant to prefer appropriate application for modification of the said order before the appropriate forum. 6. Application disposed of with aforesaid liberty. [SMT. V.K. TAHILRAMANI, J.] 2 14. cr appln 4328-10.doc 3