MANGESH T SAWANT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE writ petition has been filed for return of the passport to the petitioner which was seized by the Economic Offences Wing during the course of investigation. The learned counsel for the petitioner has pointed out the judgment of the Supreme Court in the case of Suresh Nanda v/s. CBI in Criminal Appeal No.179 of 2008 wherein the Supreme Court by its decision dated 24.1.2008 has observed that seizure of the passport and impounding of the same are two different issues. The police may seize the passport at a particular moment but if the passport is retained for some period of time then the retention would amount to impounding of the property or the document. The Supreme Court has observed as under:

(2.) THE learned APP has submitted that if the passport is returned, the petitioner would remain absent in the Court and then the police would not be able to file the chargesheet. He submits that the petitioner is wanting to go abroad on a pleasure trip and not for any specific purpose and, therefore, the prayer in the petition need not be granted.

(3.) IN these circumstances, in my opinion, the following order would meet the ends of justice: