MOHAMMED TASNIM Vs. STATE OF KARNATAKA AND ORS.

JUDGEMENT

(1.) The petitioner is accused No.2 in Crime No.214/2013 of Udupi Town Police Station. The police have registered the FIR for the offences punishable under Ss.406, 468, 471, 420 read with 34 of IPC. Passport of the petitioner having been seized by the police, under PF No. 79/2014, an application was filed, under S.451 of Cr.P.C., before the learned Magistrate, for the release of the passport. Application having been opposed by the Assistant Public Prosecutor, learned Magistrate by being of the view, that the police have made out prima facie case and since the applicant/accused is working in a foreign country, rejected the application, on the ground that, if the passport is released, definitely, the accused will flee from the jurisdiction of the Court and would not be available for proper adjudication of the case.

(2.) A Criminal Revision Petition filed assailing the said order was dismissed by the learned Sessions Judge, on the ground that the petitioner has not stated for what purpose the release of the passport was sought and, the investigation being not complete, the passport, if released, will affect the progress of the case, as there is likelihood of the accused fleeing from India. Assailing the said orders, this petition was filed.

(3.) Sri S.Vishwajith Shetty, learned advocate, firstly contended that the Police have no power to seize or impound the passport. He submitted that the impounding can only be done by the Passport Authority, under S.10(3) of the Passports Act, 1967 ('the Act' for short). Secondly, both the Courts below have not appreciated the case of the petitioner i.e., with reference to the provisions under S.10(3) of the Act and that the impugned orders being illegal, are liable to be quashed. Thirdly, the powers of police to seize the property, does not extend to impounding of passport and, that the provisions of the Act, prevail over Cr.P.C. Reliance was placed on the decision of the Apex Court, in SURESH NANDA Vs. CENTRAL BUREAU OF INVESTIGATION, 2008 3 SCC 674.