Police has no authority to keep passport in custody: Madras HC

The Madras High Court has observed that though police is entitled to seize a passport under the Criminal Procedure Code, they have no authority to keep it in their custody.
Justice M V Muralidharan issued a set of guidelines to be followed by police, lower courts and passport authorities in the matter of impounding passports.
Immediately after the seizure of the passport, it must be produced before the court concerned without any unreasonable delay, Justice Muralidharan said.
The court made the observation while allowing a revision plea from Dr C Ramesh Babu, an orthopaedic surgeon, seeking return of his passport impounded by police and deposited with a lower court in connection with a criminal case.

"The court has also no power to impound the passport as that of seizure by police," the judge said.
"However, the duty of the court is to direct the passport authority to commence the proceedings for impounding of the passport by strictly adhering to the provision as envisaged under section 10(3) of the Passports Act as the same is a special enactment."
The judge observed that the petitioner is a senior orthopaedic consultant and due to his profession he used to travel abroad. Further his son is also pursuing higher studies at London.
"Therefore this court considers that the petitioner's request is genuine," the judge said and allowed the criminal revision.