Court : Supreme Court of India
Brief : Code of Criminal Procedure,1973 (2 of 1974), Section 102, 104 -Passports Act (15 of 1967), Sections 10 (3), 10 A– Impounding of passport - Power of police authority - Passport authority is to decide whether to impound the passport or not?
Citation : (2008) 1 MLJ (Crl) 1195 (SC)
Suresh Nanda Vs. C.B.I.
If the police seizes a passport within the authority given under Section 102 of Code of Criminal Procedure, 1973 ( 2 of 1974) should send along with letter with reasons to
Passport Authority for impound as per Section 10 (3) of Passports Act (15 of 1967) -Even Court cannot impound passport under Section 104 Code of Criminal Procedure,
1973 (2 of 1974), though it can impound any other document or thing produced before it - Held: Retention of passport of petitioner by C.B.I. has not been done in conformity
with Section 10 (3) (E) or under Section 10 A of Passports Act (15 of 1967) - Impugned order of High Court is set aside - Respondent is directed to handover the passport to
appellant with liberty to approach the Passport Authority in for impound in accordance with law.
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