SURESH NANDA versus C.B.I
Impounding of a passport, although the police may seize it during investigation, can only be effected by the passport authority per Passports Act, 1967. Section 104 CrPC is a general provision and cannot override specific provisions of the Passports Act regarding impounding of passports; thus, retention of the passport by the CBI was illegal.
- Parties
- Appellant: Suresh Nanda; Respondent: C.B.I.
- Jurisdiction
- India
- Judgment Date
- 24 January 2008
- Procedural Posture
- Criminal Appeal / Appeal Against High Court Order
- Outcome
- Appeal allowed
- Legal Topics
- Impounding of Passport, Special Law Vs General Law, Jurisdiction Over Passport Seizure, Interpretation of Statutes, Right to Travel Abroad
Case Brief
Summary, issues, holding and outcome
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Parties
Suresh Nanda
Appellant
C.B.I.
Respondent
Procedural Posture
Criminal Appeal / Appeal Against High Court Order
Legal Issues
- 1 Whether CBI can retain or impound a passport seized during search under orders of court
- 2 Whether the power to impound a passport vests only in passport authority under Passports Act, 1967
- 3 Whether Section 104 CrPC applies to impound passport, or does Passports Act, 1967 prevail
Ratio Decidendi
Impounding of a passport, although the police may seize it during investigation, can only be effected by the passport authority per Passports Act, 1967. Section 104 CrPC is a general provision and cannot override specific provisions of the Passports Act regarding impounding of passports; thus, retention of the passport by the CBI was illegal.
Court Disposition
Appeal allowed
Orders
- Order of High Court set aside
- Respondent directed to hand over passport to appellant within a week
Full Case Text
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