High Court Defines Police and Passport Authority Roles in Passport Seizures

High Court Defines Police and Passport Authority Roles in Passport Seizures

Asif Iqbal | November 20, 2023 | 12:56 PM IST | Courts & Law, Jammu Kashmir | Follow on Google News

High Court Defines Police and Passport Authority Roles in Passport Seizures

High Court Defines Police and Passport Authority Roles in Passport Seizures

The High Court of Jammu and Kashmir and Ladakh has provided clarification on the respective powers of the police and the Passport Authority in the confiscation and impounding of passports.

Justice Sanjay Dhar underscored that, under Section 102 of the CrPC, the police have the authority to seize a passport, while the actual impounding can only be carried out by the Passport Authority in accordance with Section 10(3) of the Passports Act. This clarification was prompted by petitions submitted by Raj Singh Gehlot and Aman Gehlot, challenging the decision of the Additional Special Judge, Anti-corruption, Kashmir Srinagar.

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The judge’s ruling pertained to the dismissal of applications by the petitioners, who sought the release of their passports in connection to a case involving the alleged misappropriation of Rs. 35 crores from a loan amount of Rs. 100 crores disbursed to M/S APHL. The Anti-Corruption Bureau had seized the passports during a search at Raj Singh Gehlot’s residence as part of their investigation.

Justice Dhar emphasized that the Investigating Agency did not forward the passports to the Passport Authority for impounding, and it was not the intention of the agency to have the passports impounded. Delving into the powers of the police in seizing passports during investigations, Justice Dhar highlighted that, while the police can seize passports under Section 102 of the CrPC, the exclusive authority to impound them lies with the Passport Authority according to the Passport Act.

The court observed that if the police seizes a passport under Section 102 of the CrPC, it must be sent to the Passport Authority with a clear indication that the seized passport warrants impounding for reasons outlined in Section 10(3) of the Passports Act. Subsequently, the Passport Authority will decide whether or not to impound the passport.

Based on this legal stance, the court granted both petitions, instructing the respondents to release the passports of Raj Singh Gehlot and Aman Gehlot while retaining photocopies.

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Asif Iqbal

Asif Iqbal is a seasoned news writer with a passion for delivering the latest updates to the public. Currently serving as the senior writer at VoM News, a prominent news outlet known for its comprehensive coverage of diverse topics, Asif has established himself as a reliable source of information. With a keen eye for detail and a knack for storytelling, he consistently provides readers with well-crafted articles that cover a wide range of news categories. His dedication to journalistic integrity and his commitment to staying ahead of the news curve make him an invaluable asset to Vom News, ensuring that readers are always well-informed on the issues that matter most. You can find his work and stay updated on current events by visiting vomnews.in.