M. Ramchandar Singh and Others vs State

P.R. Shivakumar, J.—Mr. N. Chandrasekaran, learned Special Public Prosecutor for CBI Cases takes notice on behalf of the Respondent

and consents for the disposal of the criminal revision case at the stage of admission itself.

The submissions made by Mr. B. Kumar, learned senior Counsel representing the counsel on record for the Petitioners and by the above said

learned Special Public Prosecutor for CBI cases are being taken into consideration and upon such consideration, the following order is passed:

The Petitioners 1 to 7 (out of them, the 6th and 7th Petitioners are minors) have challenged the order of the learned Principal Special Judge for

CBI Cases, Chennai dated 23.06.2010 made in Crl.M.P. No. 3431 of 2010 in RC.9(S) of 2009. The above said case was registered on the file

of the Respondent for alleged offences punishable under Sections 120-B IPC r/w. Section 420, 467, 468 and 471 IPC, Section 9(1), 9(b) and 9-

AA of Central Excise Act, 1944 and Section 13(2) r/w. 13(1)(d) of the Prevention of Corruption Act, 1988. The case is under investigation. The

Investigating Officer seized the passports of the Petitioners 1 to 7 herein and they are now in the custody of the court below. The above said

Crl.M.P. No. 3431 of 2010 was filed u/s 451 Code of Criminal Procedure for the return of the passports. The learned Judge of the Court below

dismissed the said petition by the impugned order dated 23.06.2010. Hence, the Petitioners are before this Court questioning the correctness and

legality of the said order in the present criminal revision case.

Though Petitioners 1 to 5 alone have been arraigned as accused in the above said case and Petitioners 6 and 7 have not been shown as

accused, by mistake they are also described as accused persons. However, such a technical mistake shall not deter the Court from passing orders

granting necessary relief in the interest of justice.

The learned senior Counsel for the Petitioners submits that neither the Investigating Officer nor the Special Judge does have the power to

impound the passport pending investigation or pending trial and that, if the impounding of the passport becomes necessary according to the

Investigating Officer or the Special Judge, then the passport authorities should be moved for the said purpose. The above said submission has been

made with a qualification that in the event of entertaining any doubt regarding the genuineness of the passport and in the absence of any doubt

regarding mutilation or tampering with the passport, such a power shall be available to the Investigating Officer or the Court. In support of his

contention, the learned senior Counsel relied on the judgment of the Hon''ble Supreme Court in Suresh Nanda v. C.B.I. reported in 2008 1 L.W.

503.

The learned Special Public Prosecutor for CBI cases fairly concedes that the passports were seized not because of any offence that was

committed in respect of the passports, but in order to see that they do not leave the boundaries of the country without the knowledge of the

Investigating Officer. However, the learned Special Public Prosecutor would say that the Respondent will be satisfied, if the return of passport is

conditioned by an undertaking that the Petitioners, whenever intend to leave the country, should give information to the Investigating Officer

regarding the date of their departure, place of destination and the expected date of return.

The said submission according to the view of this Court seems to be very fair. Hence, this Court hold that, in the light of the above said

judgment relied on by the learned senior Counsel for the Petitioner, the order of the lower Court is liable to be set aside and the Petitioners are

entitled to a direction for the return of their passports. However, in order to ensure that the investigation is not hampered by the non-availability of

the accused persons, this Court deems it fit to impose a condition for the return of the passports that Petitioners 1 to 5, who alone have been

arraigned as the accused, shall give an undertaking to the Court below to furnish advance information to the Investigating Officer regarding the date

of their departure, place of destination and the expected date of return.

In the result, this criminal revision case is allowed and the Court below is directed to return the passports of the Petitioners on the condition that

Petitioners 1 to 5 giving an undertaking to furnish advance information to the Investigating Officer regarding date of their departure, place of

destination and the expected date of return.