Can a convicted person obtain his passport when it is seized


Hello,

Mr. Tripathi sir or someone can please let me know if a person who has been convicted under a criminal case can obtain his seized passport back under any conditions? Also could you please let me know if he would be able to travel to any other country under any visa?(under the condition of, once the passport is obtained)

 
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Advocate

Refer Clauses (a) to (h) of sub section (1) of section 6 and Section 10 sub section (3) Clauses (a) to (h) of the Indian passports Act of 1967.  

 
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lawyer

In normal case, a convicted person's passport could be seized as per the order of the trial court or the appellate court. If conviction period is over , there is no problem in geting back the seized passport except in some particular offences connecting economic and foreign laws.

If the conviction is sustaining and appeal is pending before the appellate court, apply to the court  by giving all necessary particulars for going abroad is very much necessary and unavoidable. If court satisfied with your requirement to go abroad, court will permit you to go abroad on certain stringent conditions. High court can also pass such order upon its descretion. first thing you have to remember is that you can satisfactorily explain your urgency and emergency before the court to get the seized passport temporarily. Feel free to ask quories.

 
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lawyer

please refer Sunil Duth's case also.

 
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Mr Vijyan and Mr. assumi has rightly advised.

 
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Thank You Mr. Vijyan Sir, Tripathi sir. I tried to look for Sunjay Duth's case, unable to get one. Could you please help me find where the case would be available to take  alook at? Thanks.

 
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Thank you Assumi Sir.

 
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Mr Vijayan sir, When I say the case is criminal one, it is very similar to Sanjay Duth's case as you said. But if the person's family (Like wife and children) are living in abroad and if the covicted person puts this as a valid reason in front of the court, to join them as they are alone without anyone and his avilability would be very essential to his direct family, would this be an valid reason. Please clarify. Please note the condition is: 'If the conviction period is over'.

And at the same situation, what if the conviction period is not over? The person will not be able to recieve his passport at any cost. Right? Please confirm. Thanks.

 

 
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Sir,

If any person's passport cannot be impounded by any court of law, since it hit by sec 10 of passport act. Only the passport officer can impound the same but not the police or courts. The same is revealed by the apex court in 2009 Criminal law journal 1599.

 
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Sir,

When you say the passport officer can impound the same but not the police or courts, can the passport officer impound it without the court's permission? On what basis he would impound it without having any proofs against the convicted saying that he can obtain the passport?

 
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