TMI Blog1986 (3) TMI 90X X X X Extracts X X X X X X X X Extracts X X X X ..... ndia within such time this Court may fix, subject to such terms and conditions which this court may deem fit and proper. 2. The case of the petitioner is that his passport was seized by the customs authorities on 24-1-1985 along with other articles brought by him, that the passport was not entered in the mahazar of seizure, that the petitioner is compelled by the requirement to undergo military ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rned it will not be possible to get back the petitioner for trial. 4. The only question which now arises is whether the customs officer has the right to seize the passport. 5. The contention of the respondent is that he has got such a right under Section 110 of the Customs Act. He places reliance more specifically on sub-section (3) of Section 110, which reads as follows :- "The proper Offic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... proved by many other documents and if necessary, a photocopy of the entries in the passport may also be taken and certified by the competent authority before the passport is given back to the petitioner. An undertaking may also be taken from the accused that he should produce the passport as and when required. The learned counsel for the petitioner-would also point out that the seizure of the pass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lease there is no condition that he should not leave India. If it is so, it is open to the respondent to move the competent Court to modify the order of bail to the extent desired by the respondent. When a person is involved in a criminal proceeding and has been arrested his normal place is detention in prison. He can be released on bail on such condition as the Court thinks fit and that condition ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... his amounts to violation of justice. The petitioner is at liberty to take such steps as he deems fit in respect of this delay. We are not concerned in this petltion for return of passport by that aspect of the problem. 8. In the result the passport which is seized by the respondent and which is now in the Additional Chief Metropolitan Magistrate's Court, Economic Offences, Egmore, Madras, shall ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
