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vivekmehta   11 July 2016

Passport seized in 498a

Passport seized by police as per AB condition. Took it out for travel and submitted it again in court. Now the passport is with court. 

My company asked me to travel again. My lawyers says I will have to go through the same process of applying for passport, arguments in court, order by judge, then passport release on surety amount (1 Lakh), passport will have to be submitted again after travel. 

Is there a way to end this misery or I will have to go through this routine every time. This leads to a lot of money and time wasted as court case is running in different state. Please guide. Thank you!



 5 Replies

Vibha   11 July 2016

  1. Try to get travel restrictions removed from your bail conditions on grounds that you are fully cooperating with investigation and court orders.
  2. Law is not justified in restricting your movements for a very long period of time. If 3-6 months have passed since FIR and no chargesheet is filed by police, you can argue that police is unnecessarily dragging investigation and imposing undue restrictions on you for harassment.
  3. A good lawyer will be able to win easing of such restrictions, might need to approach high court if trial court refuses.

FightForCause (Businessman)     12 July 2016

use below judgements and mention ur right to travel abroad i.e ur liberty and right to earn and travel abroad u/s 21 of constitution of India.

Court may ask for an amount , but should be refunded once u come back.

passport should remain with u later.

 

 

I got mine back and argued myself...lawyers make u fear court....but if u trust discuss with lawyer..prepare application and move ahead.


Attached File : 236138 20160712002157 439081189 passport hc.pdf, 236138 20160712002215 439081189 sc jan 2008 police cannot seize a passport.pdf downloaded: 112 times

Pawan S (06292021602) (Advocate)     12 July 2016

The path out is either you can go to the High Court under Writ and seek the release of passport or you can first approach the same court for release of passport to enable you to travel and then move up in higher courts. The tribunal can impose conditions like increased surety and so on, and also can direct you to be present on a certain date.

At max the court could have imposed a stipulation that the accused would seek prior permission before going overseas. Do bear in mind in normal situations the court can not seize the passport, especially when the accused person may visit abroad in connection with his bread & butter.

You are not a habitual offender, and hence your freedom and employment shouldn't be risked on a false (I assume) accusation.


(Guest)
Hi your correct and go tobhigher court

Sudhir Kumar (Dy Director)     13 July 2016

Unless such condition is dropped from bail order you will have to follow the same path each time company asks you to travel abraod.


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