Question:

Whether court can impound passport of an accused?

Ans:

No

The law in this regard has been laid down as to when and which authority can impound the passport of a citizen in the decision reported in 2008(2) ALT (Crl.)(SC) 344. The Hon’ble Supreme Court of India made clear that a police officer who is investigating a criminal case has power under section 102(1) of Cr.P.C. to seize documents during his investigation concerning to the accused. Even in a case where the police officer seizes a passport under that provisions he can not retain it with him as such as retention amounts to impounding of the document/the passport. In that case if the accused deposited their passports in the court and they are retained it still amounts to detention of the passport of a holder. It would be beneficial to drawn in print here what their Lordships observed in the said case.

“While the police may have power to seize a passport under section 102 Cr.P.C. if it is permissible within the authority given under section 102 Cr.P.C. it does not have power to retain or impound the same, because that can only be done by the passport authority under section 10 (3) of the Passports Act. Hence, if the police seizes a passport (which it has power to do under section 102 Cr.P.C.) thereafter the police must send it along with a letter to the passport authority clearly stating that the seized passport deserves to be impounded for one of the reasons mentioned in section 10 (3) of the Act. It is thereafter the passport authority to decide whether to impound the passport or not. Since impounding of a passport has civil consequences, the passport authority must give an opportunity of hearing to the person concerned before impounding his passport. It is well settled that any order which has civil consequences must be passed after giving opportunity of hearing to a party vide State of Orissa Vs.

Binapani Dei (AIR 1967 SC 1269).”

If the afore mentioned facts and law laid down by the Hon’ble Supreme Court is taken into consideration, there shall be no doubt to say that, the trial court power directing the accused to deposit their passports is not lawful