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TMI Blog2024 (3) TMI 1419X X X X Extracts X X X X X X X X Extracts X X X X ..... nently prima facie would be violative of the provisions of Sections 10(3)(e) and 10-A of the Passports Act, 1967 and it would indirectly amount to impounding of the passport - it will be unjust to deny the Applicant the relief prayed for in the present Application, considering his deep roots in the society and he has no criminal antecedents either requiring the Applicant to constantly approach the DRI and the concerned appropriate Court for seeking permission and copy of the passport whenever he has to travel abroad is prima facie on the face of record onerous due to the aforesaid reasons. It is therefore directed that condition No.3 in bail order dated 21.05.2021 appended at Exhibit A page No.27 of the present Application stands deleted. R ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the said co-accused also. Applicant therein namely co-accused in the same crime as also the DRI namely the Investigating Authority were heard fully by the Court. A detailed reasoned order dated 05.02.2025 appended at Exhibit "J" - page No.42 of the Application was passed by the Court after hearing the parties on merits. 4. Applicant before me has filed the present Application. Prima facie reading the ground on which the present Application is filed, he is in an identical position as that of the Applicant in Criminal Bail Application No.434 of 2024. The grounds in the present Application are appended in paragraph Nos.19A to 19N and I have perused the same. Prima facie the condition No.3 of which deletion is sought is undoubtedly onerous. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tly 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. 8. The present case before me 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 i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ; Avinash Bhosale Vs. Union of India9 and Jignesh Prakash Shah (2nd Supra), the subject condition in question deserves to be interfered with. 10. Nevertheless to state that if the Prosecuting Agency / Authority desires to retain the passport in the Court's custody or with itself due to any reason it shall be open to the Prosecuting Agency /Authority to seek such relief under the Passports Act in accordance with law. It is clarified that this Court has not expressed any opinion on the merits of the pending case of the Applicant and any observation made herein shall not influence the pending case." 8. I am of the opinion that it will be unjust to deny the Applicant the relief prayed for in the present Application, considering his deep ro ..... X X X X Extracts X X X X X X X X Extracts X X X X
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