Kerala HC rules investigating agencies can’t seize passport unless it was used to commit a crime
Kochi: The Kerala Excessive Courtroom on Thursday stated investigating companies can not seize or retain passports of accused individuals until the passport has been used or is suspected to have been used to commit against the law. .
“The passport of an individual is a crucial doc and is issued beneath the provisions of the Passport Act, 1967. Within the absence of any offense dedicated or prone to be dedicated with the stated doc, the passport can’t be confiscated or retained Investigating companies… retaining the passport for an extended interval even with none situation within the bail order would quantity to confiscation, which is opposite to legislation,” the court docket stated.
The court docket took observe of an earlier judgment of the apex court docket, which had dominated that although the police could have the facility to grab passports beneath Section 102(1) of the Code of Prison Process (CrPC), it doesn’t have the facility to grab passports. Haven’t got the facility to do it. Which might be executed solely by the Passport Authority beneath Section 10(3) of the Passport Act, 1967.
“After seizing a doc, if the property is retained for a time frame, the stated retention is tantamount to confiscation of the property or doc. The Supreme Courtroom additionally held that regardless of Section 104 of the CrPC, the court docket can not seize the passport as a result of the stated provision would allow the court docket to grab any doc or factor aside from the passport,” the excessive court docket stated.
The excessive court docket handed the contemporary order on a plea filed by a person who was arrested in April 2022 beneath the Narcotic Medication and Psychotropic Substances Act, 1985, for allegedly receiving a parcel containing 3.5 kg of cannabis.
After his arrest, he secured bail after which approached an area court docket right here for the discharge of his passport, ID card and cell phone, which had been seized by the police on the time of his arrest, however the court docket rejected his plea. Did it.
Following this rejection he approached the Excessive Courtroom and this was opposed by the Narcotics Management Bureau which was investigating the case.
The Excessive Courtroom stated that there was no such situation within the order granting bail to the petitioner that he must deposit his passport with the court docket or the investigating officer.
“The restriction that the petitioner shall not travel outside Kerala without the permission of the court cannot be a reason for retaining his passport,” the court docket stated.
With regard to the cell phone, the court docket stated that the forensic evaluation ought to have been executed by now, because it was seized in April 2022, furthermore the identification card of the petitioner can be of no use within the investigation, the court docket additional stated.
After this, the Excessive Courtroom directed the investigating company to return the passport, cell phone and identification card of the petitioner.
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