Chennupati Kranthi Kumar … Appellant
versus
The State of Andhra Pradesh & Ors. … Respondents
Criminal Appeal Nos.1601–1602 of 2023
In this judgment, the appellant, accused in a criminal case, sought the return of his passport, which was taken by the police during the investigation. The appellant's wife (4th respondent) had accused him and other family members of various offenses. The police issued a notice under Section 91 of the Cr.P.C., asking the appellant to produce his passport. The appellant submitted his passport to the police, who then handed it over to the Regional Passport Office (3rd respondent) in Hyderabad. The 3rd respondent asked the appellant to get permission from the court for the return of his passport. The appellant filed an application before the court for the return of his passport, but the court rejected it.
The appellant then moved the High Court, which directed the 3rd respondent to return the passport, subject to the condition that the appellant deposit ₹10 lakhs in the name of the 4th respondent, and submit the original passports of the 4th respondent and their minor son. The appellant appealed, challenging the condition for returning the passports of his wife and son.
In the case of Suresh Nanda v. Central Bureau of Investigation (2008 3 SCC 674) by submitting that there is no power vesting in the Police to impound a passport. He further submitted that the power to impound passport vests only in the Passport Authority under the Passports Act, 1967.
The Supreme Court held that the police had no authority to impound a passport, and the PP Act prevails over Section 104 of the Cr.P.C. Power under Section 104 of Cr.P.C. cannot be invoked to impound a passport. Under Section 102 (1) of Cr.P.C., the Police have the power to seize the passport but there is no power to impound the same. Furthermore, there was no seizure or impounding of the appellant's passport, and the High Court's direction to return the passports of the wife and son was illegal. The Court set aside that condition and directed the 3rd respondent to return the appellant's passport. The Court allowed the 4th respondent to apply to the Passport Office for the reissue of her passport without having to prove its loss, and the appellant was directed to cooperate in providing any required documents. The appeal was partly allowed with no costs.
July 25, 2023.