Police nor criminal court can seize passport, says Karnataka HC
Bengaluru: The High Court of Karnataka has reiterated that ”neither the police nor the criminal court invoking powers under Sections 102 or 104 of the Criminal Procedure Code can seize or impound a passport.” The court, therefore, recently quashed the order of the Debt Recovery Tribunal-1, Bengaluru, which had impounded the passport of Nitin Shambhukumar Kasliwal, a businessman from Mumbai.
The court said the Tribunal has the powers of a civil court and when the civil court itself cannot impound a passport, the DRT too cannot.
The facts of the case date back to 1999 when Kasliwal had executed an agreement in favour of various lenders for loans secured. In 2015, the lender banks initiated a case before the Debt Recovery Tribunal seeking repayment and in default attachment and sale of properties of Kasliwal and his businesses.
The banks applied for the surrender of Kasliwal’s passport. On April 16, 2015, the Tribunal passed an order retaining his passport.
Subsequently, Kasliwal filed applications whenever he needed to travel abroad and in return surrendered the passport to the Tribunal.
In December 2016 he sought the release of his passport as he had to renew it before its validity expired, but his application was rejected. He then approached the High Court.
Kasliwal’s petition was heard by Justice M Nagaprasanna, who gave his judgment on December 6, 2023.
The court noted that the Tribunal had the same powers vested in a civil court.
”The issue is, whether the Tribunal can direct withholding of passport of any person in terms of the power ascribed under the provisions quoted hereinabove. The answer would be an unequivocal and emphatic ‘NO’,” the court said in its judgment.
Reasoning that the Tribunal does not have the power to impound passports, the court said, ”The Passport Act is a special enactment and is trite that it being a special enactment which would prevail over any power of even the civil court or criminal court to retain or impound a passport.
”The issue in the case at hand is, such an act being done by the Tribunal which undoubtedly has only the power of following the procedure of a civil court in securing ends of justice. The civil court or the criminal court itself does not have the power to impound the passport.” The court said that though Sections 102 and 104 empower the police to seize and the court to impound any document, it does not include the passport.
”Impounding of any document produced before the court cannot stretch to an extent that those courts can impound the passport also,” it said.
Ordering the Tribunal to release the passport of Kasliwal, the court said, ”The very act of the Tribunal in directing surrender of the passport of a citizen or its detention before it, would amount to impounding of the passport. Such power is unavailable to the Tribunal.”
Let the Truth be known. If you read VB and like VB, please be a VB Supporter and Help us deliver the Truth to one and all.
Cockroach infestation at Hyderabad tiffin centre raises food safety concerns
Hyderabad, November 22 — A customer dining at a tiffin centre near Nexus Mall, KPHB, Hyderabad, was shocked to discover cockroaches in the breakfast served. The incident occurred at Madhuram Tiffins on Friday morning and quickly gained attention after the customer shared their experience on the social media platform X (formerly Twitter). The post included images and a video showing unsanitary conditions in the kitchen, with a plea to food safety authorities to take immediate action.
"During our breakfast at Madhuram Tiffins, we found cockroaches in the chutneys served," the customer wrote, tagging relevant food safety officials. The visuals highlighted unsanitary practices, sparking a wave of concern over food safety standards at the well-known establishment.
In response, the Greater Hyderabad Municipal Corporation (GHMC) assured that their food safety team had been notified and promised swift action to address the issue.
The incident triggered a mixed response from the public. One social media user expressed frustration over the lack of cleanliness, stating, “These hotel owners and workers don’t even think about hygiene anymore. They even treat customers rudely.” Another called for stricter measures, suggesting that establishments with poor hygiene should face immediate closure and have their licenses revoked. Meanwhile, a third user warned against dining out, remarking, “Food these days is more about taste than health.”
This incident comes in the wake of recent food safety inspections conducted by the Telangana Food Safety Department. Earlier, the department carried out surprise raids at several prominent tiffin centres in Hyderabad.
During an inspection at Padmavathi Tiffins in Ashoknagar, officials found a live cockroach in the storeroom, raw food items stored directly on the floor, and evidence of rat burrows. Staff members were also seen handling food without hair caps or aprons.
At Sri Sidhi Vinayaka Udupi Tiffins, also in Ashoknagar, inspectors noted the absence of insect-proof screens and an unhygienic kitchen environment. Similar concerns were raised at Balaji Darshan Tiffins, where stagnant water in drains and uncovered garbage bins were observed.
Violations extended beyond eateries to local hostels. My Home Luxury Girls Hostel in Ashoknagar was cited for inadequate insect-proofing and cockroach infestations in the kitchen.
