Pushpendra Singh Bhati, J. - (1.) The petitioner has preferred this misc. petition claiming the following relief:- "It is, therefore, most humbly and respectfully prayed that this Criminal Misc. Petition may kindly be allowed and the impugned order dt. 18.03.2019 may kindly be quashed and set-aside and the Passport in question may kindly be handed over to the petitioner on furnishing the Supurdaginama."
(2.) At the outset, learned counsel for the petitioner makes a limited prayer that after exercising the powers under Section 102 Cr.P.C., the police was required to send his passport to the Passport Authority as the power to retain or impound the passport can only be exercised by the passport authority under Section 10(3) of the Passports Act. Learned counsel for the petitioner has relied upon the judgment passed by the Hon'ble Supreme Court in Suresh Nanda v. C.B.I. (Appeal [Crl.] No. 179/2008), decided on 24.1.2008, the relevant para No. 13 whereof reads as follows :- "13. Hence, while the police may have power to seize a passport under Section 102 Cr.P.C. if it is permissible within the authority given under Section 102 of Cr.P.C., it does not have power to retain or impound the same, because that can only be done by the passport authority under Section 10(3) of the Passports Act. Hence, if the police seizes a passport (which it has power to do under Section 102 Cr.P.C.), thereafter the police must send it along with a letter to the passport authority clearly stating that the seized passport deserves to be impounded for one of the reasons mentioned in Section 10(3) of the Act. It is thereafter the passport authority to decide whether to impound the passport or not. Since impounding of a passport has civil consequences, the passport authority must give an opportunity of hearing to the person concerned before impounding his passport. It is well settled that any order which has civil consequences must be passed after giving opportunity of hearing to a party vide State of Orissa v. Binapani Dei [Air 1967 SC 1269]."
(3.) Learned P.P. assures the Court that they shall send the passport to the Passport Authority along with the reasons as to why the passport of the petitioner deserves to be impounded.;