POWER OF POLICE & COURT TO IMPOUND PASSPORT UNDER SECTION 102 & 104 Cr.P.C.

POLICE HAS NO POWER TO IMPOUND THE PASSPORT. POLICE CAN ONLY SEIZE THE PASSPORT AND HAS TO FORWARD IT TO THE PASSPORT AUTHORITY IMMEDIATELY. THE SUPREME COURT  IN CASE OF SURESH NANDA VS  C.B.I. APPEAL (CRL.) 179 OF 2008 DATE 24-01-2008  OBSERVED:-

“While the police may have power to seize a passport under Section 102 Cr.P.C. if it is permissible within the authority given under Section 102 of Cr.P.C., it does not have power to retain or impound the same, because that can only be done by the passport authority under Section 10(3) of the Passports Act. Hence, if the police seizes a passport (which it has power to do under Section 102 Cr.P.C.), thereafter the police must send it along with a letter to the passport authority clearly stating that the seized passport deserves to be impounded for one of the reasons mentioned in Section 10(3) of the Act. It is thereafter the passport authority to decide whether to impound the passport or not.”

“In the present case, neither the passport authority passed any order of impounding nor was any opportunity of hearing given to the appellant by the passport authority for impounding the document. It was only the CBI authority which has retained possession of the passport (which in substance amounts to impounding it) from October, 2006. In our opinion, this was clearly illegal. Under Section 10A of the Act retention by the Central Government can only be for four weeks. Thereafter it can only be retained by an order of the Passport authority under Section 10(3).