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Police cannot seize passports from accused, says HC

  •   Tue, Jul 21 2015 09:00:17 AM

Daijiworld Media Network- Bengaluru (RJP)

Bengaluru, Jul 21: ‘Police do not have the right to seize the passports of the accused in any criminal case. Police have only the right to seize properties. Only the passport department has the right to seize passports’ said the Karnataka high court on Monday delivering an important verdict.

The HC delivered the verdict on a case in which a person who was an accused in a criminal offence had gone to court questioning the authority of police to seize his passport.

The high court opined that in case the police have taken passport from any accused as a security measure, they do not have the right to keep the same with them. Instead they should inform the passport department about it and cite reasons for doing so because only the passport department has the right over the passport issued by it.

‘Once the police informs the department and sends the passport to it, the department should decide whether to keep the passport or not under its custody. But in case it feels it should keep the passport, it is necessary to listen to the arguments of the passport holder. Only after that the department can issue an order in the matter. ‘- said the high court in its verdict. The court in its verdict mentioned the previous case of Suresh Nanda and the CBI.

Mohammed Tasneem (32) was charged with cheating and forgery cases by the Udupi town police. The police had seized his passport. Mohammed Tasneem had gone to court questioning the authority of police to seize his passport. Magistrate and sessions courts had dismissed his application. Now the high court has delivered an important verdict regarding this issue.

 
  

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Comment on this article

  • jeetendra hegde, mumbai

    Tue, Jul 21 2015

    welcome rule for terrorists..

    DisAgree [43] Agree [28] Reply Report Abuse

  • Manish Shetty, Derebail Mangalore

    Tue, Jul 21 2015

    Forget about external terrorist.
    Have you heard of 498a dowry harassment case. This rule will save NRI husbands as police cannot take the passport which a snitch wife would like as means of blackmail to pay loads of money.
    Good Rule.

    DisAgree [4] Agree [46] Reply Report Abuse

  • Lawrence, USA

    Wed, Jul 22 2015

    Very sound decision from the Karnataka High Court. No one should have a right to confiscate the genuine passport. All accused should have a right to travel abroad with court's permission and after posting necessary bail.

    Indian SC court has allowed the Italian Sailors to travel abroad while there were on murder trial. Terrorists have entered the country even without the passport. Country need to secure the borders. Because of lone Wolf action, ordinary citizens should not suffer.

    DisAgree Agree [3] Reply Report Abuse

  • Allen, Mangaluru

    Tue, Jul 21 2015

    Things are made easy for high profile culprits to escape from the country immediately after committing a crime!

    DisAgree [11] Agree [36] Reply Report Abuse

  • vinayak, mangalore / dubai

    Tue, Jul 21 2015

    Its sad only india has weird rules to its cap, if we compare to rest of the world. All the country police have the authority to seize the travel document, so that the accused does not leave the country and escape from his crimes. With this kind of rules, criminals shall have free hand for open crime.

    DisAgree [17] Agree [37] Reply Report Abuse

  • Jossey Saldanha, Mumbai

    Tue, Jul 21 2015

    No wonder they disappear to London & Karachi ...

    DisAgree [16] Agree [45] Reply Report Abuse

  • VINCY, Bangkok

    Tue, Jul 21 2015

    The very basic and complete ID for a Indian is the Passport.There is no other ID cards in India which are called as citizenship ID.
    In any country,the police has no right to impound the passport of of their national and they do not practice such actions.
    In Mumbai airport My passport was once confiscated by the police and then released on a fine of five thousand rupees and my lawyers got that amount refunded by a court order because the police action was wrong.
    Imagine you travel to India and unintentionally committed a offense and the police confiscate your passport means your basic right of holding a Indian citizenship is deprived.
    In any such offense where the police or court feel that the offender or accused will flee the country and then they have other ways to block the passport or revoke the passport. The passport that revoked does not deny the right of a citizenship. But confiscating and retaining with the police department pending enquiry is nuisance.

    DisAgree [2] Agree [57] Reply Report Abuse


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