Impounding Of Jignesh Shah’s Passport Is ‘Contrary To Law’: Bombay HC

by Ankita Sehgal Freelance Blogger, Lives in New Delhi
The Founder, Chairman Emeritus, and Chief Mentor of 63 Moons Technologies Limited, Jignesh Shah finally found justice when Bombay High Court stood in favour of him and declared the CBI’s action of impounding his passport as ‘illegal and contrary to law’. His passport was previously seized due to his alleged involvement in National Spot Exchange Limited (NSEL) case. CBI reckoned that the nature of the crime is very sensitive, and if given the opportunity, Shah will flee the country. Hence, certain restrictions were imposed on him. In September 2017, he had filed an application in a special CBI court seeking the return of his passport, but that was too rejected.

On June 4, after reviewing the case, Justice Nayak stated that under the Passport Act, section 10 (3), CBI only has the authority to seize the passport and not impound it. Such jurisdictions lie only in the hands of the Passport Authority. And seizing the passport for so long equals to impounding. Also, many circumstances have changed and a charge sheet has also been filed, but the restrictions on his passport stand to date.

Senior Advocate Amit Desai presented an application, on behalf of Jignesh Shah, challenging the decision of rejecting the application seeking back Jignesh Shah’s passport by the special CBI court. Since the investigation is over, the probe agency is compelled to return his passport. According to Section 102 of CrPC, confiscating the passport like this is against the law. The CBI counsel, Hiten Venegaokar pointed out to the court that following the applicant’s role in the case, there is a chance that he might flee the country and hence, the passport must not be returned. 

Justice Nayak, finding the impounding of the passport an illicit activity, stated, “The illegality (retention of passport by CBI) cannot continue in perpetuity. The passport needs to be handed over to the applicant (Shah). The passport authority is free to take action towards impounding the passport under section 10(3) of the Act,”

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About Ankita Sehgal Advanced   Freelance Blogger, Lives in New Delhi

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Joined APSense since, September 1st, 2017, From New Delhi, India.

Created on Dec 20th 2018 03:16. Viewed 185 times.


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