Legal Question in Criminal Law in India
Hello Sir,
In july, 2008 a case was registered under sec.420,465,468,471 and 66 of IT ACT in ahmedabad.
and simultaneously a case under sec.419,420 and 66 IT ACT was registered in chennai.
Bail was granted by Sessions judge in ahmedabad with condition to surrender the passport and was thus surrendered to concerned police authority who acknowledged it in court.
Whereas, in chennai the bail was granted by high court with no condition.
in August, the passport authority in chennai sent a letter to the person stating to surrender the passport , which was already surrendered to ahmedabad police , an reply was given to the passport authority by stating the facts that already passport has been surrendered to ahmedabad for the case in ahmedabad. therefore, no response came from the authority.
Now, he wants to go to srilanka for business tour and needs his passport back.
I think NO court or police has a right to impound a passport for more time and there is an SC judgement also.
it shall be sent to the passport authority concerned within some time.
Current stage of case in ahmedabad is FRESH STEPS and copies yet to receive in chennai.
My Questions :
1) How & Which Authority to Approach to get Passport Back?
2) For how many days he can get the passport back?
3) I see many public figures have got their passport back for some work even if they are booked under IPC, will there judgement in providing passport will help his case? like Rahul mahajan case etc.
Regards
2 Answers from Attorneys
1) The judge of the court where your case is pending. Apply to him.
2) depends on the court's discretion.
3)Try your luck All the Best.
You need to approach court as passport was surrendered to police as per court order.
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