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2015 (10) TMI 832 - HC - CustomsNecessity for Detention of Passport – Petitioner alleged for smuggling – Suspected the presence of Gold in Home Appliances bought – Held That:- Authority vested with Customs to detain passport under S. 110(3) no longer remains res integra and act of respondents is not without any authority. Even according to the respondents, detention of the passport of the petitioner, incorporated as one of the conditions in Ext. P3 order granting bail, is only to ensure availability of the petitioner till the investigation is completed. This can be ensured by such other means or measures as well. Detention of the passport virtually disables the petitioner from pursuing his business and earning his living, apart from adversely affecting his right to meet the family, who are settled at Dubai. Passport could be released subject to furnishing adequate security, either in the form of immovable property or Bank Guarantee to the satisfaction of the respondents, till the proceedings are finalised – Decided partly in favour of the Petitioner.
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