The Hon’ble High Court of Allahabad in this writ petition has held that,
the Passport Authority will have to take objective consideration while proceeding to exercise his discretion whether pendency of such criminal case warrants impounding of passport or not keeping in view the conduct of the petitioner. Apart from this in the present case what we find that the Passport Officer has proceeded to pass the order only on the premise that criminal case is pending before this Court and at no point of time reply that has been submitted by the petitioner that he was having matrimonial discord and the said criminal case have direct nexus with the same and in view of this, in the facts of the case, statutory obligation to record reasons under sub-section 5 of Section 10 also remains uncomplied with and as such, the order dated 26.10.2016 is hereby quashed and set aside. The Passport Officer is free to pass fresh order as already mentioned above.
Mohd. Farid Vs Union Of India And Another on 20 December, 2016
If any idiotic officer at Passport officer impounds your passport without application of her/his mind, use this order to show their BS.
Shades of Knife
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