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TMI Blog2012 (9) TMI 1033X X X X Extracts X X X X X X X X Extracts X X X X ..... ri Debnath, resident of Habra, 24 Parganas [North], who was also travelling to Dhaka and was known to the petitioner by face. It is alleged that the said Sri Debnath requested the petitioner to allow him to use the free baggage weight limit available to the petitioner under the Rules of the Airlines, by carrying baggage on his behalf. The petitioner stuck his neck out to oblige a person whom, as per his own statement he knew only by face. Be that as it may, the petitioner was informed by the airlines security staff that his baggage had not properly been screened. On further screening, it was found that there were small bottles containing vaccines and injections in the baggage carried by the petitioner. The brief case which was admi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er was liable to penalty under Section 114. According to the petitioner, the petitioner replied to the said show cause notice by a letter dated 3rd August, 2010. However, the proceedings against the petitioner are yet to be concluded. On 31st August, 2010, the petitioner made a prayer for release of his passport which, according to the petitioner, has been withheld by the respondent, Customs authorities. It appears that in spite of repeated requests and reminders, the passport has not been returned to the petitioner. There is no provision under the Customs Act, 1962 under which Customs authorities can withhold a passport. Passports are governed by The Passports Act, 1967. Under the provisions of The Passports Act, 1967, the passport a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hich has been searched and seized as in the present case. It does not speak about the documents found in search, but copies of the records prepared under sub-section (1) and sub-section (3). 9. Impound means to keep in custody of the law. There must be some distinct action which will show that documents or things have been impounded. According to Oxford Dictionary impound means to take legal or formal possession. In the present case, the passport of the appellant is in possession of CBI right from the date it has been seized by CBI. When we read Section 104 CrPC and Section 10 of the Act together, under CrPC, the court is empowered to impound any document or thing produced before it whereas the Act speaks specifically of impoundin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e appellant in accordance with law. In Avinash Bhosale vs. Union of India reported in 2009 [234] E.L.T. 224 [Bom.], a Division Bench of Bombay High Court held the following : 11. In Suresh Nanda s case, while interpreting Section 104 of Cr.P.C., which expressly deals with power to impound documents by the court, the Apex Court has held that phrase impound any document or thing does not include a passport. After considering the relevant provisions in relation to search and seizure, the Apex Court has recorded a clear finding that the term document would not include a passport. What is to be borne in mind is that the Apex Court was dealing with power of a Court to impound a document and, in that context, held that Document does ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... documents. The writ petition, therefore, must succeed. In view of the clear pronouncement by the Supreme Court in case of Suresh Nanda, we do not propose to deal with the High Court judgements, relied upon by the learned Solicitor General. This Court has no option but to hold that the Customs authorities have no power, authority and/or jurisdiction to retain the passport of the petitioner. The passport of the petitioner shall be returned within 30 days from the date of communication of this order. It will, however, be open to the Customs authorities to approach the passport authorities for necessary action under Section 10 of the Passports Act, 1967, in accordance with law, if it so deems fit and proper. There can be no doubt that ..... X X X X Extracts X X X X X X X X Extracts X X X X
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