TMI Blog2011 (9) TMI 727X X X X Extracts X X X X X X X X Extracts X X X X ..... Dated:- 13-9-2011 - B.S. Patil, J. S. Vishwajith Sheety, Adv., for the Appellant C. Shashikantha, CGC for the Respondent JUDGEMENT B.S. Patil: 1. In this writ petition, petitioner is seeking a writ of mandamus against respondent Nos. 1 and 2 the Commissioner of Customs, Mangalore and the Directorate of Revenue Intelligence, Regional Unit. Mangalore to return his passport which was seized by the 2nd respondent during the course of an enquiry in the proceedings initiated in O.R.No.7/2009. 2. The passport of the petitioner was seized by the 2nd respondent - Directorate of Revenue Intelligence, Regional Unit, Mangalore when the petitioner arrived on 15.09.2009 to Bajpe International Airport Mangalore from Dubai. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt of the Apex Court in the case of SURESH NANDA vs C.B.I reported in AIR 2008 SC 1414 to contend that there is no power vested in any other officer or Court except the Passport officer as provided under the Passports Act, 1967 (for short 'the Act) to impound the passport. He invites the attention of the Court to the observations made by the Apex Court in the said decision wherein it is held that the retention of the passport by the CBI was not in conformity with the provisions of law as there was no order of the passport authorities under Section 10(3)(e) or by the Central Government or by any designated officer under Section 10(A) of the Act to impound the passport. 6. Petitioner's Counsel therefore, submits that the respondents herei ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or adjudication of the proceedings in the Customs Act and the seizure of the same is valid. 8. Having heard the learned counsel for the parties and on careful perusal of the pleadings and the judgments on which reliance is placed by the learned counsel for both sides, it is clear that as held by the Apex Court in the case of Suresh Nanda, referred to supra, the power to impound the passport vests with the competent officer under the Passport Act as per Section 10(3)(e) and no other authority has the power to impound the same. However, in the instant case, direction as sought by the petitioner cannot be granted, as the passport is not currently in the custody of the respondent-Authorities and it is in the custody of the Special Judge bef ..... X X X X Extracts X X X X X X X X Extracts X X X X
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