Police can seize passport but can’t impound it: HC
01.03.2018
TIMES NEWS NETWORK
Chennai: The Madras high court has made it clear that police authorities can only seize passport of a person, but has no powers to impound them.
“Even the courts cannot impound passports, under Passports Act. The passport authority alone is empowered to impound passports that too after giving opportunity of hearing to the person concerned,” justice M N Muralidharan said.
The court made the observations while allowing a revision petition moved by Dr C Ramesh Babu, an orthopedic surgeon, seeking return of his passport impounded by police and deposited with a trial court in connection with a criminal case, on February 26, 2016.
“Courts have no power to impound passports seized by police. However, the duty of the court is to direct the passport authority to commence proceedings for impounding of the passport as per the provisions of the Passports Act.
In turn, the passport authority is to initiate due process to impound the passport after affording opportunity duly to the holder of the passport as it involves the right to free movement as guaranteed in the Constitution as one of the fundamental rights. After considering the necessity pertaining to the facts and circumstances of each case, the passport authority, by giving detailed reasons, may take any decision on either side by applying the mind,” the judge said.
01.03.2018
TIMES NEWS NETWORK
Chennai: The Madras high court has made it clear that police authorities can only seize passport of a person, but has no powers to impound them.
“Even the courts cannot impound passports, under Passports Act. The passport authority alone is empowered to impound passports that too after giving opportunity of hearing to the person concerned,” justice M N Muralidharan said.
The court made the observations while allowing a revision petition moved by Dr C Ramesh Babu, an orthopedic surgeon, seeking return of his passport impounded by police and deposited with a trial court in connection with a criminal case, on February 26, 2016.
“Courts have no power to impound passports seized by police. However, the duty of the court is to direct the passport authority to commence proceedings for impounding of the passport as per the provisions of the Passports Act.
In turn, the passport authority is to initiate due process to impound the passport after affording opportunity duly to the holder of the passport as it involves the right to free movement as guaranteed in the Constitution as one of the fundamental rights. After considering the necessity pertaining to the facts and circumstances of each case, the passport authority, by giving detailed reasons, may take any decision on either side by applying the mind,” the judge said.
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