Passports
Return of passport—Entitlement—During the pendency of a criminal case filed by the wife, the husband's passport was illegally retained by third Respondent—Exercise of calling upon the appellant to submit passport was not legal—Passport was never impounded in exercise of power under Section 10 of the Passports Act—Nothing on record to show that passport was seized under Section 102 of CrPC—As there was neither a seizure of the passport nor impounding thereof, the appellant was entitled to return of the passport. [Passports Act, 1967, Section 10; Criminal Procedure Code, 1973, Section 120]
[Para 9]
Conditional release of passport—Challenged—During the pendency of a criminal case filed by wife, the husband's passport was illegally retained by third respondent—Neither there was seizure nor impounding of passport—High Court directed the return of passport subject to payment of rupees ten lakhs by way of Fixed Deposit Receipt (FDR) in the name of fourth respondent—Further the appellant directed to return the passports of appellant’s son and wife—Appellant is not aggrieved by direction to make a fixed deposit of rupees ten lakhs, but the direction to the appellant to return the passports of appellant’s son and wife was not supported by law—Condition of returning the passport of the fourth respondent could not have been imposed at all as the act of the Passport Officer of retaining the appellant’s passport was completely illegal—Condition imposed on appellant by impugned order is set aside. [Passports Act, 1967, Section 10; Criminal Procedure Code, 1973, Section 120]
[Paras 10 & 11]