Court has siezed my parents passort for past 12 years
ishan26
(Querist) 22 June 2015
This query is : Resolved
Dear Sir/Madam,
I am here regarding my parent's passport being seized by the court for last 12 years. My dad's brother did a criminal case on my Dad, my mother, his older brother and his wife in 2003 regarding stock market shares problem between the brothers. The case is still going on due to which my parent's passport is being held by the court. The case court is in Surat and we live in Baroda. I have read online that the court cannot impound a passport without the authorization of passport authority of India.
The type of charges on my father and his older brother are following:
1. 3200000000 INDIAN PENAL CODE
2. 3201704060 Punishment for criminal breach of trust
3. 3201704200 Cheating and dishonestly inducing delivery of property
4. 3201804670 Forgery of valuable security will etc
5. 3201804680 Forgery for purpose of cheating
6. 3201804710 Using as genuine a forged document or electronic record
7. 3200501140 Abettor present when offense is committed
I have few questions regarding this issue:
1. Can a court impound a person's passport or only passport authority of India has the right to do it?
2. Is there any way I can get my parents passport back before the case is Solved? If yes, can you please guide me?
3. If No, Can I file an RTI to find information about the passport?
If you need any more information, please let me know and I will try to provide it as much as I can. I would appreciate any advice you can give me on this legal matter so I can get my parent's passport back.
Thank you,
Ishan Shah
› Information regarding that Court can not impound a passport of accused:
1. https://criminallawyersindia.wordpress.com/category/court-can-not-impound-a-passport-of-accused/
2. https://bharatchugh.wordpress.com/2013/02/08/supreme-court-on-impounding-of-passports/
3. http://www.thehindu.com/news/cities/Madurai/neither-police-nor-court-can-impound-passports/article4339523.ece
4. http://www.legalservicesindia.com/forum/topic21-suresh-nanda-vs-cbi.html#.VYg6qEbX-FM
Sudhir Kumar, Advocate
(Expert) 23 June 2015
1. Can a court impound a person's passport or only passport authority of India has the right to do it?
COURT CAN TAKE STEPS NECESSARY TO ENSURE THAT ACCUSED DOES NOT ABSCOND ABROAD.
NOTHING NEW IN THIS CASE.
2. Is there any way I can get my parents passport back before the case is Solved? If yes, can you please guide me?
YOU MIGHT BE HAVING A LAWYER HANDLING THE CASE FOR THE LAST 12 YEARS.
WHAT HE HAS TO SAY
3. If No, Can I file an RTI to find information about the passport?
WHAT INFORMATION YOU WANT FROM WHO.
YOU ALREADY KNOW THE PASSPORT IS SEIZED, BY COURT. YOU ALSO KNOW THE REASON FOR THE SAME.
Hemant Agarwal
(Expert) 23 June 2015
1. Depending on the court's perceptions, a Court can "order" that the passport of accused person/s, may be impounded and the relevant law agency (police, customs, excise .... ) shall impound the passport into its custody.
2. To release the passport, the accused may move application before the relevant court, by giving justifiable reasons and appropriate bond (in kind /surety /cash /.... ). The court would consider it and order appropriately. This is not uncommon, since scores of accused persons (criminals, politicians, religious leaders, businessmen, film actors.... ) have already availed such loop-holes in the law.
Keep Smiling .... Hemant Agarwal
READ ARTICLES ON: http://hemantagarwal21.blogspot.in/?view=sidebar
ishan26
(Querist) 23 June 2015
Thank you Mr. Sudhir and Mr. Hemant for answering my questions. I will see if I can file an application before the court to see if they can give them their passport back for appropriate bonds otherwise will leave it until the case is solved.
My parent's lawyer had told them it can't be done so I just wanted a second opinion.
- Ishan
