Bail Conditions--Passport Surrender--Trial Court Has No Power to Impound Passport as Bail Condition; Power Vests Exclusively With Passport Authorities Under the Passports Act
A trial court granting bail has no power to direct an accused to surrender his passport as a bail condition. The Passports Act is a special law and prevails over general criminal procedure under CrPC or BNSS. The power to impound a passport vests exclusively with passport authorities under Section 10(3) of the Passports Act. The general power to impound documents under Section 104 CrPC does not extend to passports. If a court seeks impounding of a passport, it must proceed through the concerned passport authorities and cannot impose such a condition directly.
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