Arvind Kumar, J. - (1.) THE present petitioner was arrested on 3.12.2001 under Section 104 read with Section 132 and 135 of the Customs Act, 1962 for having defraud the Government/Public Exchequer to the tune of Rs. 1,84,58,235/ -. He though was granted bail in the year 2003 but at the time of his arrest his passport was seized by the Custom authorities. His grievance is that though his passport was seized in the year 2001, but still it is in the possession of Custom Authorities and this amounts to impounding of his passport. Accordingly, he moved an application before the learned CJM for the release of the passport, but no order was passed thereon. Hence, the petitioner has filed the instant petition for invoking the extraordinary jurisdiction of this Court under Section 482 Cr.P.C.
(2.) THE very objection of the Department is that the petitioner was fleeing from country when he was arrested and there is apprehension that he may again try to flee the country after the release of his passport. The seizure is done at a particular moment of time. However, if after seizing of a property or document the said property or document is retained for some period of time, then such retention amounts to impounding of the property or document. The custom authorities may have authority to seize a passport but can not retain or impound the same. Thus, it is ordered that the passport in question be released to the petitioner against proper receipt and identification and subject to his furnishing an undertaking that he will not leave the country without the prior permission of the trial Court below. Disposed of.;