TaxTMI 
TaxTMI 
2019 (8) TMI 1040
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....ligence to hand over to the Petitioner the Petitioner's Passport bearing No.A3704426 and, to refund the amount of INR 30,000/- (Rupees Thirty Thousand only) taken from the Petitioner at the time of releasing the Petitioner on bail in connection to the Petitioner's arrest on 15th March 2019. 3. It is the case of the Petitioner that Petitioner is a Malaysian national who arrived at Chhatrapati Shivaji Maharaj International Airport, Mumbai on 15/03/2019 from Kuala Lumpur, Malaysia by Malaysian Airlines. After completing formalities at Airport, some officers of Respondent No.1 approached to the Petitioner and made inquiries. It is the case of the Petitioner that Respondent No.1 forcefully confiscated all personal belongings of the Petitioner i....
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....n of Respondent No.1 impounding the Petitioner's passport. The learned counsel for the Petitioner submits that, although the Petitioner is not an Indian national, he is still entitled to the basic human rights as enshrined in the Constitution under Articles 21 and 22 irrespective of his nationality or citizenship. It is submitted that for no reason Respondent No.1 has illegally detained the Petitioner and forcefully confiscated his belongings including his passport. It is submitted that Respondent No.1 has illegally retained the passport of the Petitioner and violated the Petitioner's fundamental right of personal liberty and the right to travel abroad as also his fundamental rights by illegally impounding and retaining the Malaysian Passpo....
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....1 to 15 of the judgment in case of Suresh Nanda (supra) and submits that, the Supreme Court has ruled that the Respondent-Authority therein had no power to impound passport, even under the provisions of Cr.P.C. the Court held that, even the Court cannot impound the passport, the learned counsel also invites attention of this Court to the ratio laid down in the cases of Avinash Bhosale (supra), Shahid Ali (supra) and M Kaja Mohaindeen (supra) for the aforesaid legal proposition. The learned counsel also invites attention of this court to provisions of the Customs Act and the Foreigners Act, and submits that there is no provision under the Customs Act or Cr.PC. which authorizes the Respondents to impound the passport. It is submitted that th....
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....legations against him about involving in serious offence of smuggling of human embryos. 6. Heard the learned counsel appearing for the parties at length. With their able assistance, perused the pleadings, the grounds taken in the Petition and the annexures thereto, and the affidavit in reply filed by Respondent No. 1. It is required to be noted that the Petitioner is a Malaysian national, and during the period from 01/01/2017 to 15/03/2019 he visited India at least for 8 times, details of his arrival and departure have been placed on record by letter dated 15/05/2019 issued by Police Inspector (Legal) Airport Branch, CSMI, Airport Mumbai. The purpose for his visit to India on eight different dates is not brought on record by the Petitioner....
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....investigation in respect of the smuggling of human embryo by the Petitioner is underway and, once the investigation is completed, a show cause notice would be issued to him, and therefore the Petitioner may be advised by your office for his VISA related issues. By another letter dated 10/05/2019 the Deputy Director of Respondent No.1 informed the Foreigners Regional Registration Office (F..R.R.O), Mumbai regarding apprehension of the Petitioner in connection with the alleged offence and releasing him on bail, about his arrangement for stay. It is further informed to FRRO by Respondent No.1 that VISA issued to the Petitioner is valid upto 19/07/2019 and each stay is not to exceed 45 days. Therefore office of Respondent No.1 has advised Malay....