Updated on Monday, December 22, 2008, 00:00 IST

New Delhi, Dec 22: The Delhi High Court has directed the CBI to release the passport of Aditya Khanna, an NRI businessman who is allegedly involved in Iraq's oil-for-food scam, saying that the agency has no power to detain it.

"The CBI has no authority to detain the passport in view of the principles laid down by the apex court. Passports of persons whose conduct was also being enquired into on similar allegations have been directed to be released," Justice Gita Mittal said.

"The agency herein is directed to release the passport to Khanna within three weeks," she said adding that the order revoking the passport of Khanna is illegal.

The passport has been in custody with the CBI since December 2006 when it was handed over to it by the Directorate of Enforcement.

Pulling the agency for not returning the passport for the last years when there was no case registered against him.

"There is no submission even that the petitioner is implicated or arraigned as an accused person in the criminal case by the Central Bureau of Investigation," the court said.

"Even the Court cannot impound a passport. Though CrPC States that the Court may impound any document or thing produced before it, in our opinion, this provision will only enable the Court to impound any document or thing other than a passport," the court said.

The court passed the order on a petition filed by Aditya Khanna alleging that his passport was revoked without giving any prior notice and the CBI is refusing to return it back.

He, along with his father Vipin Khanna, is also facing investigation for his alleged role in connection with some defence deals during the NDA.

Bureau Report