M/s. Ashok Kumar @ Sons vs Amanpreet Singh Gill

Paramjeet Singh, J.—In this petition filed u/s 482 Cr.P.C., the petitioner seeks quashing of the order dated 25.9.2012 whereby the accused-respondent has been granted ex-post facto exemption for personal appearance on 25.9.2012 to attend to his ailing mother in the United Kingdom. The ground for seeking quashing of the impugned order is that the accused-respondent had left the country in contravention of the conditions imposed in the order granting bail, dated 22.5.2012. The petitioner is further seeking impounding of the passport of the accused-respondent so as to deter him to leave the country again and to compel him to face trial in the complaint. In the considered opinion of this Court, this petition is not maintainable in view of the ratio of law laid down by the Apex Court in Suresh Nanda Vs. C.B.I., wherein, after drawing distinction between "seizure" and "impounding" of the passport, the Court has held that the passport cannot be confiscated being a public property. According to the Hon''ble Supreme Court, seizure of a passport can be resorted to by the Police or the Court at a particular moment but the same cannot be impounded under the provisions of Cr.P.C., as it is governed by special statute.

A perusal of the order granting exemption from personal appearance to the respondent on 25.9.2012, reveals that he had shown sufficient cause to leave the country and his departure was beyond his control. In these circumstances, this Court will refrain itself from interfering in the matter. Consequently, present petition is dismissed.