TMI Blog2017 (10) TMI 292X X X X Extracts X X X X X X X X Extracts X X X X ..... no doubt, Section 104 Cr.P.C. states that the Court may, if it thinks fit, impound any document or thing produced before it, in our opinion, this provision will only enable the Court to impound any document or thing other than a passport.” Thus, the facilities or otherwise impounding, in our opinion, was not in order. Therefore, the directions in paragraph 6 requiring the forwarding of the passport to the Regional Passport Officer is hereby set aside. The passport shall be released forthwith to the appellant. This will, however, not preclude the Regional Passport Officer from initiating proceedings under Section 10 (1) of the Passport Act, 1967 in line with the Single Judge’s observations and declarations. - LPA 628/2017, CM APPL.34731-347 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... such proceedings are not commenced within a period of two weeks from today, the passport will be returned to the petitioner forthwith. It is urged by learned senior counsel for the appellant that the directions complained of are contrary to the expressed intent and the spirit of the declarations in Suresh Nanda v. CBI, (2008) 3 SCC 674. In that decision, the Court had noticed the distinction between the seizure and impounding of passport and further clarified that impounding could be only in terms of Section 10 (3) of the Passport Act, 1967 which had to be preceded by procedure prescribed in Section 10 (1) of the Passport Act, 1967. 3. Counsel for the respondents, on the other hand, submitted that there can be no grievance at this ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r travel document was obtained by the suppression of material information or on the basis of wrong information provided by the holder of the passport or travel document or any other person on his behalf; 5 [Provided that if the holder of such passport obtains another passport the passport authority shall also impound or cause to be impounded or revoke such other passport] (c) if the passport authority deems it necessary so to do in the interests of the sovereignty and integrity of India, the security of India, friendly relations of India with any foreign country, or in the interests of the general public; (d) if the holder of the passport or travel document has, at any time after the issue of the passport or travel document, been ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ument and impounding a document. A seizure is made at a particular moment when a person or authority takes into his possession some property which was earlier not in his possession. Thus, seizure is done at a particular moment of time. However, if after seizing of a property or document the said property or document is retained for some period of time, then such retention amounts to impounding of the property or document. In Law Lexicon by P. Ramanatha Aiyar (2nd Edition), the word impound has been defined to mean, to take possession of a document or the like for being held in custody in accordance with law . Thus, the word impounding really means retention of possession of a good or a document which has been seized. 16. Hen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tral Government can only be for four weeks. Thereafter it can only be retained by an order of the Passport authority under Section 10(3). 18. In our opinion, even the Court cannot impound a passport. Though, no doubt, Section 104Cr.P.C. states that the Court may, if it thinks fit, impound any document or thing produced before it, in our opinion, this provision will only enable the Court to impound any document or thing other than a passport. This is because impounding a passport is provided for in Section 10(3) of the Passports Act. The Passports Act is a special law while the Cr.P.C. is a general law. It is well settled that the special law prevails over the general law vide G.P. Singh's Principles of Statutory Interpretation (9 ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
