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TMI Blog2025 (5) TMI 565X X X X Extracts X X X X X X X X Extracts X X X X ..... ficer through video conferencing for recording his statement." 2. The learned Counsel for the petitioner submits that the petitioner is a NRI, presently residing in the UAE since the year 2017, where he is engaged in business activities. The petitioner holds a valid Indian Passport bearing No.Z- 3423966 and, in the course of his professional obligations, has frequently travelled to and from India. The petitioner, in due course, submitted an application for the renewal of his Indian Passport at the BLS office in Dubai. In compliance with the prescribed procedure, his original passport was collected by the concerned authorities. Subsequently, on 28 November 2024, the petitioner received an email from the Passport Section of the Consulate Ge ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ounsel further submits that the petitioner thereafter moved an application before the Special MPID Court, inter alia, seeking permission for the renewal of his passport and for leave to join the ongoing investigation through audio-video electronic means. However, the said application came to be dismissed. The impugned order, rejecting the petitioner's prayer to participate in the investigation via audio-video electronic means, is premised solely on the ground that a Non-Bailable Warrant ('NBW') is presently pending against him. The learned Counsel for the petitioner submits that the impugned order dated 9 April 2025 passed by the Special MPID Court, in Special MPID Case No.19 of 2018, is exfacie perverse, devoid of merits and vitiated by a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rary, disproportionate, and contrary to the principles of natural justice. Such action has not only impeded the petitioner's mobility but also obstructed his ability to appear before the EOW and cooperate with the investigation, which he is otherwise willing to do. 4. The learned Counsel further submits that under Section 102 of the CrPC, the police may seize property, including documents such as a passport, during the course of an investigation. However, the authority to impound a passport is exclusively vested in the competent passport authority under Section 10(3) of the Passports Act, 1967. This statutory provision mandates adherence to due process, including the issuance of notice and providing an opportunity of hearing to the passpor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bruary 2025 to the EOW. In this letter, the petitioner voluntarily offered to cooperate with the ongoing investigation and expressed his readiness to have his statement recorded through audio-video electronic means. Despite this, the EOW did not respond to the petitioner's communication. In the absence of any reply, the petitioner was constrained to file an application (Exh.55) before the learned Special MPID Court, wherein he sought permission to renew his passport and requested leave to participate in the investigation through audio-video electronic means. However, the said application came to be rejected by order dated 9 April 2025. In light of the EOW's directions to withhold the renewal of the petitioner's passport, the petitioner has ..... X X X X Extracts X X X X X X X X Extracts X X X X
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