TaxTMI 
TaxTMI 
2025 (2) TMI 220
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....l condition No.3 in the order dated 21.05.2021 passed by the Metropolitan Magistrate, 8th Court at Esplanade, Mumbai. The condition requires Applicant to surrender his passport every time he returns from abroad and obtain permission to travel abroad on the next occasion. 3. It is prosecution case that Applicant was arrested on 21.03.2021 in Remand Application No.279 of 2021 for the offence punishable under Section 135(1)(i) of the Customs Act, 1962 at the instance of the Directorate of Revenue Intelligence, Mumbai (for short "DRI"). Since the chargesheet was not filed within the stipulated period of 60 days as stated under Section 167(2) of the Code of Criminal Procedure, 1973 (for short "Cr.P.C."), as the said offence is punishable upto 5....
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....entral Bureau of Investigation 2018 SCC OnLine Bom 1166, in support of his submissions for deleting such an onerous condition. 4.2. He would submit that investigation stands completed as Show Cause Notice was issued on 16.09.2021 and subsequently an order dated 24.11.2023 has been passed which is further stayed by this Court vide its order dated 03.05.2024. He would submit that Show Cause Notice dated 03.05.2024 was issued by office of Commissioner of Customs which further substantiates completion of investigation. He would submit that the said onerous condition is causing grave prejudice and harm to Applicant's business as he is unable to attend business events as invites are received only a few days prior to the event which makes its ext....
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....r confiscation of the alleged smuggled goods and adjudication in the said matter is still pending. She would submit that if Applicant is allowed to retain his passport permanently, securing his presence will become impossible and possibility of Applicant to evade the country also cannot be denied. She would submit that as Applicant is travelling to Zambia, a country with which there is no bi-lateral extradition treaty, it would make him a flight risk. Hence she would urge the Court to reject the Application. 6. Ms. Ganapathy, learned APP for Respondent No. 1 - State has adopted and supported the submissions advanced by Ms. Thakker. 7. I have perused the record placed before me. At the outset it is seen that passport is not an incriminatin....
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....ection 10(3) of the Passports Act. The Act of repeatedly depositing the passport after undertaking every travel itinerary indirectly amounts to retention of the passport by the Court. As delineated above, the Passports Act is a special law while Cr.P.C. is a general law and it is well settled that the special law prevails over the general law. This principle is expressed in the maxim generalia specialibus non derogant. 9. In view of the my above observations and decisions of the Supreme Court in the case of Suresh Nanda (1st Supra) followed by decisions in the case of M.T. Enrica Laxie Vs. Doramma 2012 SC 2134; S. Sathyanarayana Vs. State of Karnataka ILR 2003 Kar 883; Sir Mohammed Tasnim Vs. State of Karnataka ILR 2015 Kar 5225; Devashish....