Andhra Pradesh High Court - Amravati
Smt.Josthna Jyotsana M.Chandan vs The State Of Andhra Pradesh on 19 March, 2021
Bench: Lalitha Kanneganti
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
FRIDAY, THE NINETEENTH DAY OF MARCH
TWO THOUSAND AND TWENTY ONE
:PRESENT:
THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI
CRIMINAL PETITION NO: 1432 OF 2021
Between:
1.
Smt.Josthna @ Jyotsana M.Chandan, W/o.Sri Mahesh R.Chandan, Hindu, aged
57 years, Occ: Business, R/o.Chetna, No.418/35, 337 Cross, 7" B Main, 4"
Block, Jaya Nagar, Bangalore, Karnataka State.
M.R.Chandra @ Mahesh R.Chandan, S/o.Late Ravji R.Chandan, Hindu, aged 64
years, Occ: Business, R/o.Chetna, No.418/35, 33° Cross, 7 B Main, 4" Block,
Jaya Nagar, Bangalor,e Karnataka State.
...Petitioner/A-2 & A-3
AND
The State of Andhra Pradesh, Station House Officer, Madakasira Police Station,
Madakasira, Ananthapur District, Rep.by Public Prosecutor, High Court,
Amaravathi.
...Respondent
Petition under Section 482 of Cr.P.C, praying that in the circumstances stated in
the memorandum of grounds filed in Criminal Petition, the High Court may be pleased
to relax the condition of depositing of the passports of the petitioners while granting
anticipatory bail in Cri.P.10049/2018 dt. 27-09-2018 may be relaxed to enable the
petitioners to visit foreign countries as and when required for their business purpose.
- The petition coming on for hearing, upon perusing the Petition and the
memorandum of grounds filed in support thereof and upon hearing the arguments of Sri
K Chidambaram, Advocate for the Petitioners and of Public Prosecutor for the
Respondent, the Court made the following.
ORDER:
}
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THE HON'BLE SMT JUSTICE LALITHA KANNEGANTI
CRIMINAL PETITION No.1432 of 2021
ORDER:-
This Criminal Petition is filed under Section 482 of the Code
of Criminal Procedure, 1973 seeking to relax the condition of
depositing of the passports of the petitioners while granting
anticipatory bail vide order dated 27.09.2018 in Crl.P.No.10049 of
2018, on the file of High Court of Judicature at Hyderabad.
2. The facts of the case are that the petitioners/A-1 to A-3 and
A-5 approached the High Court of Judicature at Hyderabad for
grant of anticipatory bail in Crl.P.No.10049 of 2018 and the same
was allowed on 27.09.2018 by imposing some conditions. One of
the conditions imposed is that the petitioners shall submit their
passports, if any, before the Court below. Now the petitioners/A-2
and A-3 are seeking to relax the said condition and return their
passports so as to enable them to go abroad to improve their
business activities.
3. Heard Sri K.Chidambaram, learned counsel for the
petitioners, learned Public Prosecutor appearing for the respondent
-state.
4. Learned counsel for the petitioner relied upon order dated
28.01.2020 passed in Criminal Petition No.447 of 2020 wherein
this Court has allowed the petition by setting aside the impugned
order therein while directing for return of passport, by placing
reliance on judgment of the Hon'ble Apex Court rendered in
Criminal Appeal No.179 of 2008 in the case of "Suresh Nanda vs.
C.B.I." the relevant portion of which reads as under:
"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
To,
NO --
nak oe
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 a passport is provided
for in Section 10(3) of the Passports Act. The Passports Act is a
special law while the Cr.P.C. 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 (9% Edition pg.
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 Cr.P.C.
though it can impound any other document or thing."
In view of the above finding of the Hon'ble Apex Court,
directing for surrender of passports or to deposit the same in the
Court is ex-facie illegal and it is clearly un-sustainable under Law.
5. In the light of the law laid down by the Hon'ble Apex Court,
neither the Police nor the Courts have power to seize the passports
or to direct the accused to deposit or surrender the passports even
when a criminal case is pending in the Court of law and only the
Passport Officer is the competent authority to impound the
passport.
6. In view of the above discussion, this Criminal Petition is
allowed and learned Junior Civil Judge, Madakasira, Anantapur
District is directed to return the passports of the petitioners
forthwith. If the prosecution anticipates that the petitioners may
leave the country, and they want to impound two passports they
are at liberty to take appropriate steps as per law.
As a sequel, pending miscellaneous petitions, if any, shall
stand closed. _ 4
|
| Sd/-E.KameswaraRa
| ASSISTANT F
JITRUE COPY!/ | View, AR
_ SECTION OFFICER
The Junior Civil Judge, Madakasira, Anantapur District.
The Station House Officer, Madakasira Police Station, Madakasira, Ananthapur
District.
One CC to Sri. K Chidambaram, Advocate [OPUC]
Two CCs to Public Prosecutor, High Court of AP [OUT]
One spare copy. ,
HIGH COURT
LK,J
DATED:19/03/2021
ORDER
CRLP.No.1432 of 2021
DIRECTION
