bsb IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRI. CRI. CRI. APPLICATION NO. 1762 OF 2008 APPLICATION NO. 1762 OF 2008 APPLICATION NO. 1762 OF 2008 Mr.Iqbal Abdulla Sura ... Petitioner v/s The State of Maharashtra ... Respondent Mr.M.K.Kocharekar i/by Rajeev Sawant & Associates for the petitioner. Mr.P.A.Pol, A.P.P. for the respondent State. CORAM: CORAM: CORAM: SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. DATED: DATED: DATED: 12TH JUNE, 2008 12TH JUNE, 2008 12TH JUNE, 2008 P.C. P.C. P.C.: 1. The application has been filed for return of the passport of the applicant which has been seized by the police while investigating C.R.No.142 of 2005. It appears that on two occasions earlier, the applicant had filed applications before the Sessions Court for return of the passport with permission to travel abroad. The Sessions Court had permitted the applicant to travel abroad in 2006 as well as in 2007. The applicant claims that he has an invitation from China for exhibiting his products. He, therefore, seeks return of passport. 2. The Supreme Court in the case of Suresh Nanda v/s C.B.I.,reported in 2008 All.M.R. (Cri.) 1189 (SC), has 2 observed thus - "Para Para Para 12:- 12:- 12:- It may be mentioned that there is a difference between seizing of a document and impounding a document. A seizure is made at a particular moment when a person or authority takes into his possession some property which was earlier not in his possession. Thus, seizure is done at a particular moment of time. However, if after seizing of a property or document, the said property or document is retained for some period of time, then such retention amounts to impounding of the property or document. In the Law Lexicon by P.Ramanatha Aiyar (2nd Edition), the word "impound" has been defined to mean "to take possession of a document or thing for being held in custody in accordance with law". Thus, the word "impounding" really means retention of possession of a good or a document which has been seized. 13. Hence, while the police may have power to seize a passport under Section 102, Cr.P.C. if it is permissible within the authority given under Section 102 of Cr.P.C., it does 3 not have power to retain or impound the same, because that can only be done by the passport authority under Section 10(3) of the Passports Act. Hence, if the police seizes a passport (which it has power to do under Section 102, Cr.P.C.), thereafter the police must send it along with a letter to the passport authority clearly stating that the seized passport deserves to be impounded for one of the reasons mentioned in Section 10(3) of the Act. It is thereafter the passport has civil consequences, the passport authority must give an opportunity of hearing to the person concerned before impounding his passport. It is well settled that any order which has civil consequences must be passed after giving opportunity of hearing to a party vide State State State of of of Orissa v/s Binapani Dei (AIR 1967 SC Orissa v/s Binapani Dei (AIR 1967 SC Orissa v/s Binapani Dei (AIR 1967 SC 1269). 1269). 1269)." 3. Thus, the police have no right to impound the passport after it is seized. It is necessary for the police to make an appropriate application to the passport authority which then has the power to impound the passport under Section 10(3) of the Passports Act. Admittedly, no such procedure has been undertaken by the 4 police in this matter. 4. Mr.Pol, A.P.P. for the State submits that the police will make an appropriate application for impounding the passport, if necessary, as well as for restricting the travel of the applicant. 5. In my opinion, till such applications are made, and orders are passed on them, the police cannot detain the passport of the applicant with them. 6. The application is, therefore, allowed on the following conditions: (i) The passport shall be returned to the applicant within a week from today. (ii) Once the passport is returned, the applicant will not undertake any travel abroad without intimating to the police the entire itinary. (iii) The applicant shall inform the police regarding the places which he wishes to visit, the addresses of the places where he would be staying during his travel, his contact numbers 5 in those places and other particulars before undertaking any journey abroad. 7. Application disposed of accordingly.