TRIDIVESH SINGH MAINI Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) THE present petition under Article 226 of the Constitution of India read with section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) prays for the following reliefs: -

(2.) AFTER some arguments, Mr. Siddharth Luthra, learned senior counsel appearing on behalf of the petitioner, on instructions from Mr. Pramod Kumar Dubey, Advocate undertakes that the petitioner shall not travel overseas or leave the shores of India by any means whatsoever, without the prior permission of this Court. Mr. Luthra, learned senior counsel on behalf of the petitioner invites my attention to the decision of the Supreme Court in Suresh Nanda vs. CBI reported as : (2008) 3 SCC 674 to urge that the police cannot impound a Passport under section 102(1) Cr.P.C. It is his submission that the impounding of a Passport can only be done by the Passport Authorities under section 10(3) of the Passport Act, 1967, and that too after issuing a Show Cause Notice in this behalf.

(3.) IN view of the above decisions and the facts of the case Mr. Luthra, learned senior counsel would vehemently urge that the LOC impugned in the present petition be quashed and the petitioner's Passport be returned to him forthwith.