Vigneswaran (Lawyer) 26 October 2009
Can i file a writ of madamus to return my passport which has been seized by CBCID, in a case pending before the Metropolitan Magistrate court and since passport is not considered as a property and cant be returned u/s 451 of CrPC. I have also been informed only a passport authority can seize the passport and since the Act of the CBCID affects my Fundamental Right can i file a Writ before HC for returning my passport or is there an alternative remedy for me, pls help.
PJANARDHANA REDDY (ADVOCATE & DIRECTOR) 26 October 2009
YES,U CAN. THE NATURE OFFENCE PERMIT U TO GET BACK PASSPORT?
R.R. KRISHNAA (Legal Manager) 26 October 2009
I suggest you to approach the MM court itself for return of passport under relevant provisions of Crpc. You can get a order from MM court itself. If the MM court rejects your petition you can challenge the same before sessions court. In my opinion the extraordinary jurisdiction of High Court under Article 226 should not be lightly invoked when you can have a alternate remedy.
Anil Agrawal (Retired) 26 October 2009
A passport can be revoked either by the passport issuing authority or a court orders to deposit the passport. Police or any other law enforcement agency has no power to seize the passport.
Raj Kumar Makkad (Adv P & H High Court Chandigarh) 29 October 2009
The opinion of Krishna is perfect.
Vigneswaran (Lawyer) 29 October 2009
Thank you very much
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