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Magistrate can not direct impounding of passport

 

Magistrate can not direct impounding of passport

 

 (2012) 269 KLR 249
IN THE HIGH COURT OF KERALA AT ERNAKULAM 
 

S.S.SATHEESACHANDRAN, J. 
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Cr.M.C.No.2853 of 2010 
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CC.486/2009 of JUDICIAL FIRST CLASS MAGISTRATE COURT II,PERINTHALMANNA .. (CRIME NO.159/2009 OF MELATTUR POLICE STATION) 

Dated this the 26th day of July, 2012 
Head Note:-
Indian Penal Code, 1860 - Sections 498-A and 406 r/w 34 - Passports Act, 1967 - Section 10 - Impound Passport - Cancellation of Bail - The order of the magistrate cancelling the bail cannot be impeached on the ground that the condition regarding production of passport was imposed by the Sessions Judge in order granting pre-arrest bail, where his enlargement on regular bail was subject to the condition imposed over production of his passport or filing of an affidavit as to not having possession of such document. 
Code of Criminal Procedure, 1973 - Section 104 - Passports Act, 1967 - Section 10 -  Power of the court to impound a document or thing - Impound Passport - Cancellation of Bail - Whether the magistrate in ordering cancellation of the bail could have issued a direction to address the Passport Officer 'to impound the passport' of the petitioner?
Held:- Satisfaction by the passport authority that a warrant or summons for appearance or a warrant for arrest of the holder of the passport or travel document, or prohibitory order against him from leaving the country has been issued by the court, is required, for passing orders of revocation/impounding of the passport or travel document. When that be so, there cannot be any direction from the magistrate to address the Passport Authority 'to impound the passport of the petitioner' but only of addressing that authority informing the pendency of criminal proceedings against the accused, passport holder, for the offences alleged to have been committed by him and also issue of non-bailable warrant against him on cancellation of his bail, to initiate proceedings for impounding/suspending/revoking of his passport. The direction under Annexure A7 order of the magistrate to address the Passport Officer 'to impound the passport' of the first accused shall stand modified as one for addressing that authority as indicated above, but not as an order/direction to impound the passport since such an order/direction cannot be passed under the provisions of the Passports Act. 
https://www.lawweb.in/2013/05/magistrate-can-not-direct-impounding-of.html


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 1 Replies

dv (ghvhb)     28 May 2013

If a person has left the country prior to cases being filed , and he has not received any summons , can his passport be revoked or impounded by the passport authorities

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