Final Order 1

Order Details: Order
Pdf Text: 1 CC No.801/N/2021
CNR No.MHMM19-008163-2021
Amber Badruzzoha Sayed V/s. State of Maharashtra
In C.C. No.512/PW/2021
ORDER
1. This is an application filed by accused for return of his
passport bearing No.N-3779861 which is in the custody of Sahar Police
Station seized in Cr. No.57/2021.
2. Charge-Sheet is filed after completion of investigation. I
have perused the say of learned APP filed behind application.
3. Accused has filed her affidavit at (Exh.3) in support of her
application. She 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. N-
3779861 is not part of evidence in this case. There are no allegations
about passport being fake. 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.801/N/2021
CNR No.MHMM19-008163-2021
Amber Badruzzoha Sayed V/s. State of Maharashtra
In C.C. No.512/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.N-3779861 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 : 09/08/2021 (S.A.R. Sayed)
Metropolitan Magistrate,
63rd Court, Andheri, Mumbai.
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