Investigating Agencies May Seize Passport But Not Impound It: Jammu & Kashmir High Court

The observations were made by Justice Sanjay Dhar in response to two petitions filed by Raj Singh Gehlot and Aman Gehlot, challenging the order of the Additional Special Judge, Anti-corruption, Kashmir Srinagar, whereby the applications filed by the petitioners seeking release of their passports had been dismissed.

The case revolved around alleged misappropriation of Rs.35 crores out of a loan amount of Rs.100 crores disbursed to M/S APHL.

During the investigation, the Anti-Corruption Bureau conducted a search at Raj Singh Gehlot's residence, resulting in the seizure of the passports of both petitioners.

Upon examining the record Justice Dhar noted that the Investigating Agency had not forwarded the passports of the petitioners to Passport Authority for impounding nor was it the desire of the respondent Investigating Agency to have the passports of the petitioners impounded.

Deliberating on the powers of the police to seize the passport during investigations Justice Dhar emphasised that while the police have the power to seize passports under Section 102 of the CrPC, the authority to impound them lies solely with the Passport Authority under the Passport Act.

Citing Suresh Nanda vs. Central Bureau of Investigation, (2008) the court observed,

“..if the police seizes a passport, which it has power to do under Section 102 of Cr. P.C, the same must be sent 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 Passports Act, whereafter the Passport Authority would decide whether or not to impound the passport”.

In view of the said legal position the court allowed both petitions, directing respondents to release the passports of Raj Singh Gehlot and Aman Gehlot after retaining photocopies.

Case Title: Madhu Bakshi Vs ACB Kashmir

Citation: 2023 LiveLaw (JKL) 290

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