Uppalapu Srinivasa Rao, vs The State Of Andhra Pradesh,
2021 Latest Caselaw 2869 AP

Citation : 2021 Latest Caselaw 2869 AP
Judgement Date : 4 August, 2021

Andhra Pradesh High Court - Amravati

Uppalapu Srinivasa Rao, vs The State Of Andhra Pradesh, on 4 August, 2021

Bench: D Ramesh

               THE HON'BLE SRI JUSTICE D.RAMESH
             I.A.No.02 of 2021 in Crl.P.No.3386 of 2021

ORDER:

The present petition is filed by the petitioner who is accused no.3

in FIR No.346 of 2021 dated 19.6.2021 of Mangalagiri (Rural) police

station praying the Court to direct the respondent to release the

passport of the petitioner deposited in compliance of the conditions

imposed vide order dated 30.6.2021 passed in Crl.P.No.3386 of 2021

and allow the petitioner to travel to United States of America to join his

family.

2. The petitioner herein was arrayed as accused no.3 in FIR.No.346

of 2021 dated 19.6.2021 of Mangalagiri (Rural) police station for the

offences punishable under section 409, 408, 471, 420, 506 r/w 120-B

of Indian Penal Code. Pursuant to the said complaint, the petitioner

was taken into custody. For which he filed Crl.P.No.3386 of 2021

under section 437 and 439 of Cr.P.C. The same was disposed of by this

Court by enlarging the petitioner on bail with the following conditions:

...are directed to surrender their passports, if any, before the learned Additional Junior Civil Judge, Mangalagiri, Guntur District on proper acknowledgment. The petitioners shall cooperate with the investigating agency.

Accordingly, the petitioner has complied the said condition and

surrendered his passport before the learned Additional Junior Civil

Judge, Mangalagiri, Guntur District.

3. The present I.A. is filed for relaxation of the condition i.e. to

release the passport of the petitioner from the concerned authority for

the reason that he want to travel abroad to pursue his daughter's

admission in educational institution.

4. Learned Senior Counsel Sri K.Nagamuthu, appearing on behalf of

the learned Counsel for the petitioner has mainly relied on the

judgment reported by the Hon'ble Supreme Court in Suresh Nanda vs.

Central Bureau of Investigation1 and also the orders passed by this

Court in various criminal petitions following the above said judgment.

The Hon'ble Supreme Court at para no.18 of the judgment (referred

supra) which reads as:

"In our opinion, even the court cannot impound a passport. Though, no doubt, Section 104 Cr.P.C states that the Court may, if it thinks fit, impound any 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".

5. Learned Senior Counsel further argued that in view of the above

judgment of the Apex Court, it is clear that the courts cannot impound

the passport. Apart from that he further submitted that though the

petitioner is a citizen of United States of America, his parents are

residing in Andhra Pradesh and he has also properties in India. Hence

he requests to release the passport only to visit United States of

America for pursuing the admission of her daughter for further studies.

(2008) 3 Supreme Court Cases 674

He also submitted that whenever the respondent authorities are

required, if they issue any notice to the petitioner, without fail the

petitioner will appear before them.

6. Learned Public Prosecutor appearing on behalf of the State