The Bombay High Court has labelled the bail condition requiring the applicant to submit the passport before Directorate of Revenue Intelligence (DRI) as onerous.
The bench of Justice Milind N. Jadhav has observed that employing such an onerous condition of submission of passport before DRI in a bail order clearly amounts to indirectly impounding of the passport in substance. Even under the provisions of the Passport Act and more specifically Sections 10-A readwith 10 (3)(e), passport can be retained by the Central Government for four weeks and thereafter it can only be retained by the order of the Passport Authority under Section 10(3) of the Passports Act.
The applicant, Manish Gulabchand Birawat has challenged the bail condition directing the Applicants not to leave India without prior permission of the Court and DRI Department is allowed to retain their passport until further orders and applicants to submit their passport with the department within three days after their release.
The counsel for the applicant, Dr. Sujay Kantawala contended that passport is not an incriminating document in the prosecution case and hence its seizure permanently prima facie would be violative of the provisions of Sections 10(3)(e) and 10-A of the Passports Act, 1967 and it would indirectly amount to impounding of the passport. The bail condition requiring the submission of the passport before DRI is onerous.
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The court held that it will be unjust to deny the Applicant the relief prayed for in the present Application, considering his deep roots in the society and he has no criminal antecedents either requiring the Applicant to constantly approach the DRI and the concerned appropriate Court for seeking permission and copy of the passport whenever he has to travel abroad is prima facie on the face of record onerous due to the aforesaid reasons.
The court directed that whenever the Applicant travels abroad in future, he shall furnish all details of his travel itinerary alongwith all documentary material relating to his purpose of travel, dates and details of travel and return, tickets, visa etc. with the DRI at least one week in advance before he undertakes the travel and intimate about his return back within one week of his return so as to enable the DRI to apply its mind to the same.
Case Details
Case Title: Manish Gulabchand Birawat Versus The State of Maharashtra and Anr.
Case No.: Criminal Application No. 105 Of 2025
Date: 06/03/2025.
Counsel For Applicant: Dr. Sujay Kantawala a/w. Mr. Anupam Dighe
Counsel For Respondent: Dinesh J. Haldankar
