Pendency Of Appeal No Ground To Refuse Returning of Seized Passport: Karnataka HC Orders For Release Of Accused's Passport
|The Karnataka High Court while hearing a petition under Section 482, CrPC, ordered the concerned court to release the passport of the Petitioner.
The Bench headed by Justice M.Nagaprasanna held that “The reason so rendered on the face of it is erroneous, as the passport that are seized cannot be withheld after the acquittal of the petitioner merely because an appeal would be filed against the said order”.
Senior Advocate Hashmath Pasha appeared for the Petitioner while High Court Government Pleader Mahesh Shetty appeared for the State.
The Petitioner in the case was involved in a crime following which his passport was seized and kept with the Sessions Court. The Sessions Court in terms of the order dated April 12, 2023, acquitted the petitioner.
However, the Sessions Court did not pass any order pursuant to Section 452 CrPC for release of the passport seized. The Petitioner filed an application under Section 452 CrPC for return of passport which was rejected by the Court.
The concerned Court rejected the application on the ground that “the appeal period for preferring an appeal against the order of acquittal, is yet to get over, and therefore, it cannot be released.”
The Petitioner approached the High Court, seeking the release of his passport.
The Court while deciding on the scope of Section 452 CrPC looked at the reasons for rejection of the application by the Sessions Court. The Sessions Court by order dated May 5, 2023 stated that “The application filed by the accused for release of his passports is premature. The said passports cannot be released to the custody of the accused till the appeal period is over.”
The Court disagreed with the findings and while quashing the previous order held that “The reason so rendered on the face of it is erroneous, as the passport that are seized cannot be withheld after the acquittal of the petitioner merely because an appeal would be filed against the said order. Therefore, an order dated 05.05.2023 stands quashed.”
Accordingly, the Court allowed the petition and directed for the release of the passport.
CAUSE TITLE: Francis Zavier Crasto v. State of Karnataka