Trial Courts Cannot Order Surrender Of Passport In Bail Conditions: Madras High Court
The Sessions Court had directed that the accused shall not leave India without prior permission and surrender his passport to the jurisdictional Magistrate Court.
The Madras High Court held that a trial court does not have the power to impound or direct surrender of a passport while granting bail.
A Bench of Justice P. Dhanabal held, “The Passports Act is a special law while the Cr.P.C. is a general law. Therefore impounding of a passport cannot be done by the Court under Section 104 Cr.P.C. though it can impound any other document or thing. It is well settled that the special law prevails over the general law. So far as passport is concerned the passport authorities alone can impound passport and the trial Court while granting bail cannot impose such a condition to deposit the passport. If at all the Court wants to impound passport the same can be done through the concerned authorities.”
Advocate G.Karuppasamy Pandian appeared for the Petitioner and Advocate M.Karunanidhi appeared for the respondent.
The petitioner had sought to set aside and relax the impugned condition Nos. 1 to 3 imposed by the Principal District and Sessions Judge.
The case arose from offences under Sections 294(b), 417 and 506(i) IPC. The petitioner was arrested and later granted bail. Subsequently, the Sessions Court modified conditions directing that the accused shall not leave India without prior permission, surrender his passport to the jurisdictional Magistrate Court and shall appear and sign before the respondent police station weekly.
Challenging the passport condition, the petitioner contended that directing surrender of passport is in violation of Article 21 and that the Sessions Court has no right to impound the passport, as the competent authority lies under the Passports Act.
The Government Advocate argued that the condition was imposed considering the gravity of offence to secure the presence of the petitioner.
After hearing both sides, the Court relied on the principle laid down in Suresh Nanda vs. Central Bureau of Investigation (2008), holding that while courts may impound documents under procedural law, this provision will only enable the Court to impound any document or thing other than a passport.
The Court observed that the Passports Act is a special law while the Cr.P.C. is a general law, and therefore impounding of a passport cannot be done by the Court.
Accordingly, the High Court ruled that the condition directing surrender of passport is not in accordance with law. The petition was thus partly allowed.
Cause Title: Raja v. The Inspector Of Police
