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Bombay HC tells CBI to return Jignesh Shah’s passport

Team SoOLEGAL 6 Jun 2018 5:30pm

Bombay HC tells CBI to return Jignesh Shah’s passport

A single-judge bench of Justice Prakash Deu Naik of Bombay HC has asked the Central Bureau of Investigation (CBI) to return the travel document it had seized from businessman Jignesh Shah on March 2014, a month after it registered a criminal case against Shah in the NSEL scam.

The High Court’s decision came on a plea filed by Shah challenging the order of a special CBI court which rejected his application demanding return of his passport.

During the hearing, the bench held that the probe’s agency action of retaining Shah’s passport for more than three years was "illegal and contrary to law".

“The Central Bureau of Investigation (CBI) had only powers to seize the passport does not have jurisdiction to impound a passport and such powers lie only with the passport authority, a body formed under the Act”, Justice Naik said while referring to an SC order.

He further added that the Central agency should have handed over the seized documents to the passport authority under provisions of section 10 (3) of the Passport Act.

However, the court’s order also states that Shah will have to abide by the conditions laid down by the special CBI court on the basis of which he was granted bail.

The one condition that Shah will have to adhere to is taking prior permission from the special CBI court for travelling out of India.

The Central agency, however, opposed Jignesh Shah’s application saying that the offense, he has committed was serious in nature, and there are chances of Shah absconding.

 

 

Tagged: Central Bureau of Investigation   NSEL Scam   Jignesh Shah   Bombay HC   Passport Act 1967  
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