Passport impounding in 498a


Dear Experts, kindly provide your opinion on this, I am bit worried since it is related to my passport and hence my job (I work in abroad).

My wife filed 498a. I went to India, took a bail and resumed my job. 

Meanwhile chargesheet has been filed and first hearing date was declared. I could not attend the first date and will not be able to attend next couple of dates due to my job.

Now is it possible for my wife to apply for my passport impounding? Looks like she has also applied for speedy trial of my case and I came to know that she is trying for impounding of my passport.

Please tell me whether court will impound my passport if my wife requests court to do that?

 

 
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LEGAL CONSULTANT

 

when U are not in a position to attend every hearing,UR lawyer can represent U,because U are already on bail.She can't impound UR passport,but the court can cancel the bail given to U for continious absence.

 
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Advocate/ nadeemqureshi1@gmail.com

the court has no power to impounding the passport only the passport authority has right to impounding the passport as per section 10(3)(e) of Passport act after given an opportunity to hearing the person who hold the passport,. 

 
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Bt court may ask you to submit the passport, court has that power.
 
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Bt court may ask you to submit the passport, court has that power.
 
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Samaritan

SC - Police Or Courts Cannot Impound Passports

Excerpts of SC Case: IN THE SUPREME COURT OF INDIA - CRIMINAL APPELLATE JURISDICTION - CRIMINAL APPEAL NO.179 OF 2008 - [ARISING OUT OF S.L.P (CRL) 3408 OF 2007] - SURESH NANDA: APPELLANT - VERSUS - C.B.I.:RESPONDENT

12. It may be mentioned that there is a difference between seizing of a document and impounding a document. A seizure is made at particular moment when a person or authority takes into his possession some property, which was earlier not in his possession. Thus, seizure is done at a particular moment of time. However, if after seizing of property or document the said property or document is retained for some period of time, then such retention amounts to impounding of the property/or document. In the Law Lexicon by P. Ra m a n a th a Aiyar (2 nd Edition), the word “impound” has been defined to mean “to take possession of a document or thing for being held in custody in accordance with law”.
Thus, the word “impounding” really means retention of possession of a good or a document, which has been seized.

13. Hence, 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 1 0 2 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 1 0( 3) of the P a s sports Act. Hence, if the police seizes a passport (which it has power to do under Section 1 0 2 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. Since impounding of a passport has civil consequences, the passport authority must give an opportunity of hearing to the person concerned before impounding his passport. It is well settled that any order which has civil consequences must be passed after giving opportunity of hearing to a party vide State of Orissa Vs. Binap ani Dei[Air 1967 SC 1269 ].

It is a highly suspicious practice, but the courts can (and frequently do) hold on to your passport as a condition of granting bail.

 
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Thank you all for your response.
 
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