ABDUL AZIZ KHAN Vs. STATE

JUDGEMENT

(1.) The petitioner has preferred this misc. petition claiming the following relief:-

(2.) At the outset, learned counsel for the petitioner makes a limited prayer that after exercising the powers under Section 102 Cr.P.C., the police was required to send his passport to the Passport Authority as the power to retain or impound the passport can only be exercised by the passport authority under Section 10(3) of the Passports Act. Learned counsel for the petitioner has relied upon the judgment passed by the Hon'ble Supreme Court in Suresh Nanda v. C.B.I. (Appeal [Crl.] No. 179/2008), decided on 24.1.2008, the relevant para No. 13 whereof reads as follows :-

(3.) Learned P.P. assures the Court that they shall send the passport to the Passport Authority along with the reasons as to why the passport of the petitioner deserves to be impounded.