9911796707
TMI Blog2025 (2) TMI 220X X X X Extracts X X X X X X X X Extracts X X X X ..... ently prima facie would stand contrary to the provisions of the Passports Act, 1967 and more specifically Sections 10(3)(e) and 10-A thereof. The condition of permanent seizure of passport by the Court would indirectly amount to impounding of the passport. The Passports Act is a special Act and it would override the provisions of Cr.P.C. for the purpose of impounding / retention of passport. The present case is such that considering the business profile and antecedents of the Applicant he would be required to travel abroad at short notice and therefore if he has to seek release of his passport on every occasion, the time spent in doing so is clearly detrimental to his prospects given the existential conditions in Court. This is not a case ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Carina Xavier, Advocates for Respondent No. 2 - DRI. ORDER P. C. 1. Heard Dr. Kantawala, learned Advocate for Applicant; Ms. Ganapathy, learned APP for Respondent No.1 - State and Ms. Thakker, learned Advocate for Respondent No.2 - DRI. 2. Present Application seeks deletion of bail condition No.3 in the order dated 21.05.2021 passed by the Metropolitan Magistrate, 8th Court at Esplanade, Mumbai. The condition requires Applicant to surrender his passport every time he returns from abroad and obtain permission to travel abroad on the next occasion. 3. It is prosecution case that Applicant was arrested on 21.03.2021 in Remand Application No.279 of 2021 for the offence punishable under Section 135(1)(i) of the Customs Act, 1962 at the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... guaranteed under Article 21 of the Constitution of India. 4.1. He has referred to and relied upon the decision of the Supreme Court in the case of Suresh Nanda Vs. Central Bureau of Investigation (2008) 3SCC 674 and another decision of this Court in the case of Jignesh Prakash Shah Vs. Central Bureau of Investigation 2018 SCC OnLine Bom 1166, in support of his submissions for deleting such an onerous condition. 4.2. He would submit that investigation stands completed as Show Cause Notice was issued on 16.09.2021 and subsequently an order dated 24.11.2023 has been passed which is further stayed by this Court vide its order dated 03.05.2024. He would submit that Show Cause Notice dated 03.05.2024 was issued by office of Commissioner of Cus ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vel abroad for business purposes which were to be allowed. She would submit that as long as Applicant is permitted to travel abroad, his fundamental right under Article 21 of the Constitution of India is not jeopardized. She would submit that Show Cause Notice issued to the Applicant is for confiscation of the alleged smuggled goods and adjudication in the said matter is still pending. She would submit that if Applicant is allowed to retain his passport permanently, securing his presence will become impossible and possibility of Applicant to evade the country also cannot be denied. She would submit that as Applicant is travelling to Zambia, a country with which there is no bi-lateral extradition treaty, it would make him a flight risk. Henc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unding of the passport in substance. Even under the provisions of the Passport Act and more specifically Sections 10-A readwith 10 (3)(e), passport can be retained by the Central Government for four weeks and thereafter it can only be retained by the order of the Passport Authority under Section 10(3) of the Passports Act. The Act of repeatedly depositing the passport after undertaking every travel itinerary indirectly amounts to retention of the passport by the Court. As delineated above, the Passports Act is a special law while Cr.P.C. is a general law and it is well settled that the special law prevails over the general law. This principle is expressed in the maxim generalia specialibus non derogant. 9. In view of the my above observati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s practically not possible due to the existential delay that occurs. It is seen that Applicant has deep roots in the Society and no criminal antecedents whatsoever. 12. Condition No.3 in the bail order dated 21.05.2021 therefore stands deleted. Rest of the order is retained. Resultantly the impugned order dated 13.12.2022 is quashed and set aside. 13. It is however directed that whenever the Applicant travels abroad in future, he shall furnish all details of his travel itinerary alongwith all documentary material relating to his purpose of travel, dates and details of travel and return, tickets, visa etc. with the Respondent No.2 - DRI at least one week in advance before he undertakes the travel and intimate about his return back within o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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