Nagoor Meeran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.06.2016

CORAM:

THE HONOURABLE DR.JUSTICE P.DEVADASS C.R.L.RC(MD) No.318 of 2016 Nagoor Meeran ... Revision Petitioner/Petitioner -vsState Rep. by The Inspector of Police, C.B.I., A.C.B., Chennai.

(R.C.M.A.1 2015 A 0010) ... Respondent/Respondent PRAYER: Criminal Revision Petition is filed, under Section 397(1) r/w 401 Cr.P.C., to call for the records in Crl.M.P.N o.1598 of 2015 dated 11.04.2016 on the file of the learned II Additional District Judge for CBI Cases, Madurai, Madurai District and set aside the order dated 11.04.2016 and return the Passport No.Z3126909 (latest) to the petitioner.

For Petitioner :

Mr.A.Thiruvadikumar For Respondent :

Mr.S.Jeyakumar Special Public Prosecutor for CBI cases

O R D E R

This revision arises out of dismissal of Crl.M.P.No.1598 of 2015 in C.C.No.1 of 2016, which has been filed for return of latest passport, namely, Passport No.Z3126909 of the revision petitioner.

2.The petitioner is A3. He came to be booked by the Inspector of Police, CBI : ACB: Chennai in R.C. MA1 2015 A 0010. In the course of investigation his passports have been seized and produced before the II Additional District Judge for CBI Cases, Madurai. In Crl.M.P.No.1598 of 2015, he sought for return of his latest passport. His plea has been opposed by the CBI tooth and nail. The trial Court held that for mere asking a passport cannot be returned. That is why this revision before this Court. 3.It is the contention of the revision petitioner that the passport cannot be so kept in the Court. He relied on SURESH NANDA v. CBI [2008 Vol I MLJ (Cr) 1195].

4.The learned Special Public Prosecutor for CBI would submit that it is dangerous to give custody of the passport to the petitioner. He will misuse it.

5.I have considered their rival submissions, perused the impugned order and the materials on record.

6.Passport is a licence to go abroad. Constitution ensures that a citizen is entitled to move anywhere he likes. It is enshrined in Article 19 of the Constitution of India. But one cannot go abroad without a passport. Every individual has right to hold his passport. (See MENAKA GANDHI v. UNION OF INDIA [1978 AIR 597]). In SURESH NANDA (supra) it has been held that impounding of passport would be only by Passport Authorities under the Passport Act. It has been further held that a person can challenge such impounding of passport under Article 226 of the Constitution of India.

7.Criminal Courts are very much concerned with the availability of accused for investigation purposes, trial, posttrial purposes - serving the sentence. In order to see that the accused shall not flee away from the country the passport is seized by the investigation agency.

8.A person may need the passport for renewal. Sometime he may have need to go abroad to participate in a marriage function, even to eke out his livelihood and to see his ailing friends and relatives. Because a person is involved in criminal case, he cannot be denude of his basic human rights. On the one side he has to face the trial and on the other side he has to go abroad when the necessity arises.

9.Courts have come to a new concept, that if the accused satisfies that he has roots in the Society, like keeping his family in India, holding ration card. The Court should be satisfied that the accused will return to the country and the purpose for which the passport is asked for is a genuine one. In such circumstances, if the Court feels that if the reasons stated by the accused is genuine it can return the passport with a direction to return the same on his returning to the country. If the person so satisfies the Court, he can be given passport for a limited period prescribing certain terms and conditions even with sureties.

10.The learned Special Public Prosecutor for CBI cases submitted that the petitioner is a frequent traveller and indulged in smuggling and if the passports are returned he will do the same. But this cannot be a ground to return the passport. As I have already stated if the accused satisfy the Court, he can very well move the Court for the return of the passport. 11.In view of the above, this Criminal Revision is dismissed with liberty to the petitioner to move the Court for return of passport. In such circumstances, the Court below will follow the guidelines available in the order and pass order according to law. Sd/- Assistant Registrar(CS-I) /True Copy/ Sub-Assistant Registrar

To:

1.The IInd Additional District/Special Judge for CBI Cases, Madurai.

2.The Special Public Prosecutor for CBI Case, Madurai.

3.The Inspector of Police, C.B.I., A.C.B., Chennai.

+One cc to Mr.A.Thiruvadikumar, Advocate, SR.No.28164 sj RL/5C/2P/PEK/SARI/14/6/2016 C.R.L.RC(MD) No.318 of 2016 06/06/2016