In a recent Judgement, Supreme Court has reiterated that Enforcement Directorate has no right to impound the passport, it can only be impounded by the concerned Passport Authorities.
The Supreme Court while considering the presen appeal has reiterated the decision of this Court in Suresh Nanda v. Central Bureau of Investigation, (2008) 3 SCC 674, in which this Court has laid down that Enforcement Directorate has no right to impound the passport, it can only be impounded by the concerned Passport Authorities.
Learned Additional Solicitor General of India has raised a submission that Respondent No.1 is a Dutch National and two cases of serious kind of offences are pending against him. Conditions may be imposed upon him that he may not leave the country till the conclusion of the cases.
Supreme Court held that:
The conditions are required to be imposed by the Trial Court. We leave it to the Trial Court to consider imposition of conditions, if any. It is not a subject matter of this appeal. However, for a period of two months from today, we direct that Respondent No.1 shall not be permitted to travel abroad. In the meantime, it is open to the appellant to move the Trial Court for imposition of appropriate conditions that Trial Court shall decide unfettered by observations made by this Court in this order. We also direct the Trial Court to expedite the trial.
Read Order Here:
