SUBASH Vs. STATE

JUDGEMENT

(1.) The above criminal revision has been filed by the petitioner against the order passed by the Judicial Magistrate No.III, Coimbatore, in C.M.P. No.7930/18 dated 18.12.18, whereby the petition filed by the petitioner u/s 451 Cr.P.C . for return of his passport has been rejected.

(2.) The petitioner herein moved the trial court by filing a petition u/s 451 Cr.P.C . for return of his passport, which was seized from him consequent upon the offences charged against him. The petitioner moved the trial court for return of his passport on the ground that he did not have proper identity proof for carrying out his day-to-day activities and, therefore, he is in need of the passport. However, the learned Magistrate, after adverting to the materials and also considering the offences for which the petitioner stood charged and also after taking into consideration the objections raised by the prosecution, rejected the petition vide impugned order dated 18.12.18. As againt the same, the present revision petition has been filed.

(3.) Learned counsel appearing for the petitioner, at the outset, submitted that the rejection by the Judicial Magistrate is against the law laid down by the Hon'ble Supreme court and also the legal principles laid down by this Court stating that the Court cannot impound the passport as it was entirely within the domain of the Passport Issuing Authority to impound same under the Passports Act . Learned counsel drew the attention of this Court to the judgment of the Hon'ble Supreme Court rendered on this aspect in the case of Suresh Nanda - Vs - CBI (Appeal (Crl.) No.179/08 dated 24.1.2008). Learned counsel drew specific reference to paras 14 & 15 of the judgment, which is extracted hereunder for better clarity :-