Muhammed Faisal Pt vs State Of Kerala
2023 Latest Caselaw 4922 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
    THURSDAY, THE 13TH DAY OF APRIL 2023 / 23RD CHAITHRA, 1945
                        WP(CRL.) NO. 240 OF 2023
PETITIONER :

          MUHAMMED FAISAL PT,
          AGED 41 YEARS,
          S/O ABOOBACKER, PALAKKATHODI HOUSE, KALIKKAVU,
          AMBALAKKADAVU, MALAPPURAM, PIN - 676 525

          BY ADV ARUN BABU



RESPONDENTS :

    1     STATE OF KERALA,
          REPRESENTED BY PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA, PIN - 68 2031

    2     INSPECTOR OF POLICE,
          KOOTHUPARAMBU POLICE STATION,
          THALASSERY, PIN - 670 643

          BY SRI.VIPIN NARAYAN, PUBLIC PROSECUTOR


     THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
13.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(CRL.) NO. 240 OF 2023
                                     2




                     BECHU KURIAN THOMAS, J.
                     --------------------------------
                     W.P.(Crl.) No.240 of 2023
                    ---------------------------------
                  Dated this the 13th day of April, 2023

                               JUDGMENT

The passport of the petitioner bearing No.Z 3991508 was seized by

the Investigating Officer in Crime No.444/2022 of Koothuparamba Police

Station. Admittedly, the passport is not involved in any offence. No

court is also known to have issued any direction to surrender the

passport. Therefore, seizure of the passport by the Investigating Officer

is contrary to law. Though the seizure of a document can be based on

suspicion of an offence, the continued retention without even registering

a crime involving such a document is contrary to law.

2. The learned Public Prosecutor, upon instructions submitted that

petitioner's passport is not involved in any offence and is not required at

all for any purpose of the investigation.

In view of the above, the petitioner will be at liberty to approach

the Judicial First Class Magistrate's Court, Koothuparamba or the

appropriate court which is in custody of the passport at present and seek

return of the passport. If any such application is filed, the learned WP(CRL.) NO. 240 OF 2023

Magistrate shall forthwith issue orders releasing the passport to the

petitioner.

The writ petition is disposed of as above.

Sd/-

BECHU KURIAN THOMAS, JUDGE RKM WP(CRL.) NO. 240 OF 2023

APPENDIX OF WP(CRL.) 240/2023

PETITIONER'S EXHIBITS :

ExhibitP1 THE TRUE COPY OF THE FIR IN CRIME NO 444/2022 OF KUTHUPARAMBU POLICE STATION ,DATED 05/07/2022

ExhibitP2 THE TRUE COPY OF THE ORDER DATED 20/02/2023 IN CRL.M.P 593/2023 OF THE ADDITIONAL SESSIONS JUDGE IV THALASSERY

ExhibitP3 THE TRUE COPY OF THE SEIZURE MAHASSAR PREPARED BY THE 2ND RESPONDENT ON 15/07/2022