Andhra Pradesh High Court - Amravati
Ch. Sudhakar Raju, vs State Of Andhra Pradesh on 25 February, 2022
THE HON'BLE SRI JUSTICE D. RAMESH
CRIMINAL PETITION NO.1285 of 2022
ORDER:-
This Criminal Petition is filed under Section 482 of the Code of
Criminal Procedure, 1973 seeking quash of action of the 2nd
respondent in seizing the passport of the petitioner vide Passport
No.P2798438 in connection with LGC No.4 of 2020 on the file of
Principal Junior Civil Judge-cum-Special Court for Land Grabbing
cases at Visakhapatnam.
The facts of the case in brief are that based on a complaint
dated 13.08.2015 before the Assistant Commissioner of Police,
Madhurawada Zone, Visakhapatnam, Crime No.189 of 2016 was
registered against the petitioner before the 2nd respondent i.e.,
Inspector of Police, P.M.Palem Police Station, Visakhapatnam City.
Subsequently, the case was investigated and Charge Sheet vide LGC
No.4 of 2020 was filed on the file of Principal Junior Civil Judge-cum-
Special Court for Land Grabbing cases at Visakhapatnam, under
section 468, 471, 420 and 419 IPC r/w 120 -B IPC and Sections 4 and
5 of Land Grabbing Prohibition Act. During the process of filing
Charge Sheet, the police have seized the passport of the petitioner
vide Passport No.P2798438.
Heard the learned counsel for the petitioner, learned Public
Prosecutor appearing for Respondent-State.
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 v.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 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 (9th 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 passport or to deposit the same in the
court is ex-facie illegal and it is clearly unsustainable under law.
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 passport or
to direct the accused to deposit or surrender the passport 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.
In view of the above discussion, this Criminal Petition is
allowed. The action of the 2nd respondent in seizing the passport of
the petitioner vide Passport No.P2798438 in connection with LGC
No.4 of 2020 on the file of Principal Junior Civil Judge-cum-Special
Court for Land Grabbing cases at Visakhapatnam is hereby quashed.
The 2nd respondent i.e., Inspector of Police, P.M.Palem Police Station,
Visakhapatnam City is directed to return the passport that is seized
from the possession of the petitioner forthwith.
Miscellaneous Petitions, if any pending, in this Criminal
Petition, shall stand closed.
__________
D.RAMESH,J
Date: 25.02.2022
PA.
