Criminal court power to impound a foreign passport may be exercised to secure an accused's trial attendance.

A criminal court may withhold or impound a foreign accused's passport where necessary to secure attendance at trial and prevent evasion of justice. The Passports Act, 1967 was held to regulate passports issued under that Act, but not to exclude inherent judicial power over a foreign passport in aid of criminal . In the absence of an express statutory bar, the court may act on a reasonable apprehension that the accused may leave the country and defeat the prosecution. Constitutional authorities on executive impounding were distinguished as not limiting the court's power in criminal proceedings.

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Issues: Whether a criminal court has jurisdiction to withhold or impound the passport of a foreign accused person facing a grave offence, where there is a reasonable apprehension that he may leave the country and evade trial.

Analysis: The Passports Act, 1967 regulates impounding of passports issued under that Act, but it does not deal with passports issued by a foreign government. The Court held that, in the absence of any express statutory prohibition, a criminal court possesses inherent power to withhold or impound a passport when such action is necessary to secure the presence of an accused person and prevent the prosecution from being defeated. The apprehension that a foreigner accused of smuggling may not return to face trial was held to be a legitimate judicial concern. The constitutional decisions relied upon by the respondent were distinguished as dealing with the executive power to impound passports, not the court's power in aid of criminal process.

Conclusion: The criminal court does have jurisdiction to withhold or impound the passport of such an accused person, and the respondent was not entitled to return of the passport.

Ratio Decidendi: A criminal court may exercise inherent jurisdiction to withhold or impound a passport, including a foreign passport, when necessary to secure the accused's at trial and prevent evasion of justice, in the absence of any express statutory bar.

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