2015 (10) TMI 2127

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.... SRI.A.G.ADITYA SHENOY FOR THE RESPONDENT : SRI.THOMAS MATHEW NELLIMOOTTIL, SC, JUDGEMENT The short question that arises in this case is whether the authorities under the Customs have power to detain passport of a person against whom proceedings are initiated under the Customs Act, 1962.  2. The petitioner was bailed out by the customs authority as per Ext.P3 with certain conditions. O....

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....hurai Bench in Kaja Mohaideen v. The Senior Intelligence Officer [2013 MLJ (CRL) 720] submits that passport cannot be detained by the Customs Authority. However, the above judgment refers to the power of the  Passport Authorities in impounding the passport. No doubt, I am of the view that the Passports Act, 1967 is a self contained Act and Customs Authorities have no power to impound any pass....

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....e Customs Act and not under S.14 of the Passports Act. Thus, it is clear in view of the above judgment that the Customs Authorities have power to detain the passport if it is relevant for any enquiry or proceedings under the Customs Act. However, as seen from Ext.P3, no reason has been assigned why the passport is required or the purpose of the proceedings under the Customs Act.  The right to....