9911796707
TMI Blog2024 (11) TMI 191X X X X Extracts X X X X X X X X Extracts X X X X ..... tment to complete the investigation which has led to filing of the complaint now in the year 2024. It is undisputed that the right to travel abroad is a fundamental right and cannot be curtailed in a casual manner. Even though the Courts are empowered to put an appropriate condition so as to ensure the presence of the petitioner during the course of trial, however, the petitioner has already shown his bona fide by not misusing the liberty and has always come back by taking the permission to travel abroad. This Court is of the opinion that continuing with such condition would be onerous. In regard to the impounding of passport, the Hon ble Apex Court in SURESH NANDA VERSUS C.B.I [ 2008 (1) TMI 876 - SUPREME COURT ] observed ' It is well ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .2019. She submits that the petitioner is engaged in import and export of articles and he is frequently required to visit abroad. It is submitted that the petitioner, since the passing of the order of bail, has travelled to various countries on six occasions and admittedly has not misused the liberty and has come back as per the itinerary given to the Court. 4. She further submits that it is an admitted case of the prosecution that the investigation is incomplete which has led to the filing of the complaint before the concerned Court. 5. Considering that the petitioner was arrested on 25.11.2019 at the initial stage of investigation and was admitted on bail vide order dated 12.12.2019, the learned Trial Court rightly put the condition that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... document or thing produced before it, in our opinion, this provision will only enable the court to impound any document or thing other than a passport. This is because impounding of a passport is provided for in Section 10(3) of the Passports Act. The Passports Act is a special law while CrPC is a general law. It is well settled that the special law prevails over the general law vide G.P. Singh's Principles of Statutory Interpretation (9th Edn., p. 133). This principle is expressed in the maxim generalia specialibus non derogant. Hence, impounding of a passport cannot be done by the court under Section 104 CrPC though it can impound any other document or thing. 9. In view of the above, the present petition is allowed and the condition ..... X X X X Extracts X X X X X X X X Extracts X X X X
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