Final Order 1

Order Details: Order
Pdf Text: 1 CC No.800/N/2021
CNR No.MHMM19-008158-2021
Pradip Shankar Patole V/s. State of Maharashtra
In C.C. No.958/PW/2021
ORDER
1. This is an application filed by accused for return of his
passport bearing No.T-0315548 which is in the custody of Sahar Police
Station seized in Cr. No.86/2021.
2. Charge-Sheet is filed after completion of investigation. I
have perused the say of learned APP filed behind application.
3. Accused has filed his affidavit at (Exh.3) in support of his
application. He has also filed copy of seized passport and Aadhar Card .
4. Accused is ready and willing to abide by all the terms and
conditions of this Court. Admittedly, seized passport bearing No. T-
0315548 is not part of evidence in this case. It is not the subject matter
of the case. Furthermore, here I am fortified by the decision in the case
of Suresh Nanda Vs. C. B. I., vide [Appeal (Cri) No. 179/2008, dated
24/01/2008] wherein the Hon’ble Supreme Court has held that, the
Court cannot impound the Passport unless specific steps have been
taken by concern department under Section-10 of the Passport Act,
1967. Considering, the settled legal position and the guidelines in the
cited case, I do not find any reason to retain the passport of the
accused. With this I pass following order :
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2 CC No.800/N/2021
CNR No.MHMM19-008158-2021
Pradip Shankar Patole V/s. State of Maharashtra
In C.C. No.958/PW/2021
O R D E R
1) Application is allowed.
2) The Sr. PI of Sahar Police Station is directed to
handover the Passport bearing No.T-0315548 to the
accused/applicant in purview of judicial ratio laid down
by Hon'ble Supreme Court in the cited case.
3) The Sr. PI of Sahar Police Station, is at liberty to
apply for impounding of Passport of accused as per
Section 10(3) of Passports Act 1967, before the
appropriate authority.
4) Accused shall not leave India without permission
of this Court.
Sd/-
Date : 07/08/2021 (S.A.R. Sayed)
Metropolitan Magistrate,
63rd Court, Andheri, Mumbai.
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