1986 (3) TMI 90

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... petitioner to enable him to go over to Singapore and come back to India within such time this Court may fix, subject to such terms and conditions which this court may deem fit and proper. 2. The case of the petitioner is that his passport was seized by the customs authorities on 24-1-1985 along with other articles brought by him, that the passport was not entered in the mahazar of seizure, tha....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ate's Court, Economic offences, Egmore, Madras, and that if it is returned it will not be possible to get back the petitioner for trial. 4. The only question which now arises is whether the customs officer has the right to seize the passport. 5. The contention of the respondent is that he has got such a right under Section 110 of the Customs Act. He places reliance more specifically on sub-s....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....the Act. The arrival of the petition to India on the relevant date may be proved by many other documents and if necessary, a photocopy of the entries in the passport may also be taken and certified by the competent authority before the passport is given back to the petitioner. An undertaking may also be taken from the accused that he should produce the passport as and when required. The learned co....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....from the criminal court to be released on bail and since in the order of release there is no condition that he should not leave India. If it is so, it is open to the respondent to move the competent Court to modify the order of bail to the extent desired by the respondent. When a person is involved in a criminal proceeding and has been arrested his normal place is detention in prison. He can be re....