NASIR BIN SAEED vs SPECIAL JUDGE CUSTOMS and others
The petitioner, an accused in a customs case registered under the Customs Act, 1969 for possessing foreign currency, sought the return of his passport held by the customs authorities after being granted bail. The core legal question was whether the customs authorities could retain the petitioner's passport in the absence of any condition imposed in the bail-granting order or placement of his name on the Exit Control List. The Supreme Court held that the authorities had no legal basis to retain the passport since the bail order lacked such a condition, no modification was sought, and no action was taken regarding the Exit Control List. The Court directed the return of the passport subject to the petitioner furnishing an undertaking to present it when required and submitting a surety bond to ensure he does not abscond. The key principle laid down is that authorities cannot retain an accused's travel documents without explicit judicial conditions in the bail order or lawful restraint mechanisms.
- Can customs authorities retain an accused's passport when no condition regarding its surrender was imposed in the bail-granting order?
- Whether the retention of a passport is lawful when the department has not placed the accused's name on the Exit Control List?
- Section 2(s), Customs Act 1969
- Section 16, Customs Act 1969
- Section 139, Customs Act 1969
- Section 156(1)(8)(70), Customs Act 1969
- Section 157, Customs Act 1969
- Section 178, Customs Act 1969
ORDER
SH. AZMAT SAEED, J.---The Petitioner is an accused in a case FIR No,8/2016 dated 07.6.2016 for the offences under sections 2(s), 16, 139, 156(1)(8)(70), 157 and 178 of the Customs Act, 1969 registered at Police Station I&P Cell, MCC, Customs House, Lahore, having been found in possession of foreign currency equal to Pak Rs,80,95,962. The Petitioner applied for bail, which was granted to him by the learned Special Judge, Customs, Lahore.
2. The grievance, which has now being raised by the learned counsel for the Petitioner, is that his Passport, which is in the custody of the Customs Authorities, is not being returned to him.
3. On query, the learned counsel for the Department stated that the trial of the offence is in progress. It is also stated that there is an apprehension that the Petitioner may leave the country and will not face the trial. The learned counsel for the Petitioner assures us that the Petitioner will face the trial and he is also prepared to give an undertaking that the passport will be presented before the concerned authorities or the Trial Court as and when required for the purpose of the trial.
4. We have noticed that no condition was imposed in the bail granting order, with regard to the surrender of the passport of the accused/petitioner. The said order was not challenged by the Customs Authorities seeking any modification therein. We have also noticed that the Customs Department has not made any application to the Interior Ministry for placing the name of the Petitioner on the Exit Control List. In the above circumstances, the learned counsel for the Department is unable to point out any law under which the passport can be retained.
5. In view of the above, the Customs Authorities are directed to return the passport of the Petitioner to him subject to an undertaking, which shall be given by him that he will present his passport as and when required by the Customs Authorities. The Petitioner shall also submit a surety bond for the sum of Rs,5,00,000/- (Rupees five lacs) to the satisfaction of the Custom Authorities that he will not abscond himself.
6. Accordingly, this Criminal Petition converted into appeal and the same is allowed, in above terms.