DAVOOD Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner's passport was seized by the Intelligence Officer of the Narcotics Control Bureau alleging commission of an offence under the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the NDPS Act'). Petitioner's application for interim custody of his passport filed under Sec. 451 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') was dismissed by the impugned order and hence this challenge under Sec. 482 Cr.P.C.

(2.) On 12/9/2021, a parcel was allegedly received at a Cargo office at Kochi and on verification it was found that the parcel contained 3.500 kgs of hashish oil in 8 containers and the consignee's address and the mobile number was that of the petitioner. For the last ten years, petitioner had been working in Bahrain and he came down to India only on 11/3/2022. He was interrogated, and arrested on 2/4/2022, and his passport, identity card issued by the Kingdom of Bahrain and his mobile phone were seized. Petitioner was later released on bail on 9/5/2022.

(3.) In the meantime, petitioner filed Crl.M.P. No.1260 of 2022 before the Sessions Court, Ernakulam, under Sec. 451 Cr.P.C. seeking release of his passport, ID card and mobile phone, which were all seized by the police at the time of his arrest. The learned Sessions Judge by the impugned order, dismissed the application after observing that since there is a condition in the bail order that he shall not leave the State of Kerala without the permission of the trial court, the release of his passport will not serve any purpose. It was further observed that if the identity card and other materials are returned, he may misuse the same.