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Tag: Obligation To Record Reasons For Impounding

D.Suryaprakash Venkata Rao Vs State of AP on 06 Dec 2019

Posted on April 27, 2022 by ShadesOfKnife

A single judge bench of AP High Court held as follows:

Time and again this Court is coming across many cases, wherein the deposit of passport is being ordered by the Courts at the time of granting bail etc. The Hon’ble SupremeCourt of India in Suresh Nanda’s case (1 supra) has very clearly laid down that impounding of passport is not power that is available to the police. The police have a right tomerely seize the passport under Section 102 Cr.P.C., but they do not have the power to retain the passport. The Hon’ble Supreme Court of India has already clearly held that the retention of a passport for a long time also amounts to impounding of the passport. This is very clearly laid down in the judgment of Suresh Nanda’s case (1 supra). Apart from that the Hon’ble Supreme Court of India also clearly held thatafter the passport is seized and if the State was of the opinion that the petitioner was likely to flee the country or that he is at a flight risk, the only option available to the State or theprosecution is to file an appropriate application before the Passport Authorities to impound the passport for the reasonsmentioned in Section 10(3) of the Act. The Passport Authorities shall give a notice to the accused and after hearing the accused, they will have to pass an order. Sincethe cancellation of the passport is an order having severe civilconsequences, the accused also has a right of being heardbefore the passport is impounded. The Passport Act, being a special law will prevail over the general law.

Next Para,

In that view of the matter, irrespective of the fact that whether in the present case the issue relates to the voluntary deposit of the passport or deposit pursuant to an order of the Court, the fact remains that neither case is supported by the law. If the counsel made a wrong concession, the same cannot be enure to the benefit of the prosecution. A party should not suffer for any mistake committed by the counsel. If the same is a part and parcel of the lower Courts order, then it is clearly opposed by the law as interpreted by the Hon’ble Supreme Court of India in Suresh Nanda’s case (1 supra). Therefore, for both these reasons, this Court holds that the condition about the deposit of the passport cannot be imposed by a Court while granting bail or for any other reason. The only option left in such cases, when the passport is seized is to take steps under the Act for cancellation/impounding. Learned Public Prosecutor has stated that the original passport is lost and the accused has applied for a duplicate passport and has flouted the Court
order. Basing on the written instructions received by him, he states that petitioner/A.1 is also liable for contempt of Court. This is also not correct and the order of the Court does not seem to suggest this. As mentioned earlier, neither the Court can impose such a condition nor can the counsel give a
concession and deposit the passport. Even if the passport is deposited pursuant to the concession made by a counsel, the same cannot be retained indefinitely by the Court or the Police till the trial is concluded.
In fact, in the decision of Suresh Nanda (1supra), the Hon’ble Supreme Court of India noticed that under Section 10(a) of the Act, even the Central Government can only retain the passport for four weeks. Thereafter, a further order from Passport Authorities is necessary for retention of the passport.
After clarifying the law on the subject and holding that the impugned order passed by the I Additional Chief Metropolitan Magistrate is contrary to law, this Court leaves it open to the prosecution to take such steps as are warranted by law, if they are so advised to cancel the passport of the accused.

D.Suryaprakash Venkata Rao Vs State of AP on 06 Dec 2019

Citations :

Other Sources :

https://indiankanoon.org/doc/130750295/

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged 1-Judge Bench Decision Courts Can Not Impound Passport D.Suryaprakash Venkata Rao Vs State of AP Landmark Case Obligation To Record Reasons For Impounding Only Passport Authority Can Impound Passport Sandeep Pamarati Suresh Nanda vs C.B.I. | Leave a comment

Krishna Munivenkatappa Vs Union Of India on 27 April, 2017

Posted on July 23, 2018 by ShadesOfKnife

Not sure, what kind of judgment is this… Read and bare with it.

 

Krishna Munivenkatappa Vs Union Of India on 27 April, 2017
Posted in High Court of Karnataka Judgment or Order or Notification | Tagged Article 226 - Power of High Courts to issue certain writs Krishna Munivenkatappa Vs Union Of India Obligation To Record Reasons For Impounding | Leave a comment

Anand Tewari Vs Union Of India & Ors, on 18 September, 2013

Posted on July 23, 2018 by ShadesOfKnife

In this judgment from Hon’ble High Court of Delhi, Writ Petition is allowed and the Passport Authority is ordered to re-consider the request of petitioner.

From Para 8,

The plea in the counter affidavit filed in W.P(C) No.3885/2013 is that the passport of the petitioner in the said case was impounded under clause (c) and (e) of sub section 3 of Section 10 of the Passport Act. However, the show cause notice dated 14.3.2012 contains absolutely no reference to clause (c) of the said sub section. Moreover, there is no mention in the said notice that it was necessary to impound the passport in the interest of sovereignty and integrity of India, security of India, friendly relations of India with any foreign country or in the interest of the general public. The only reason given in the show cause notice dated 14.3.2012 for the proposed revocation receipt of information report from CBI regarding registration of a criminal case against the passport holder. In fact, these communications sent by the Regional Passport Office to the petitioners do not contain any such averment and the only reason given for impounding the passport was the adverse recommendation of CBI in connection with a criminal case registered by it. Therefore, it would not be correct to say that the passports were impounded under clause (c) of sub section 3 of Section 10 of the Passport Act, 1967.

From Para 9,

As regards the applicability of sub clause (b), the counter affidavit is conspicuously silent as to the material information, if any, suppressed or the written information, if any, provided by the passport holder while applying for issue of passport. There is no reference to clause (b) of sub section (3) in the reasons conveyed to the petitioners. There is no averment in the said communication that the passport was obtained by suppressing the material information or providing wrong information. In the communicated dated 5.9.2012, which was dispatched only on 7.1.2013, as is evident from the postal stamp appearing on the communication, there is a reference to an adverse police verification report, but admittedly, no such report was provided to the passport holders at any point of time, nor did the communication referred to any suppression of material information or furnishing of wrong information at the time of obtaining the passport. More importantly, the passports according to the respondents were impounded vide circular dated 14.9.2012, whereas the communication dated 5.9.2012 was dispatched to the petitioners only on 7.1.2013. Therefore, the said communication dated 5.9.2012 in any case could not have been the basis for impounding the passport.

From Para 11,

Admittedly, no opportunity of personal hearing was given to the petitioners before this Court despite their having duly replied to the show cause notice. In my view, the show cause notices issued to the petitioners should have been followed by an opportunity of personal hearing to them. No such hearing, however, was given to them either before or after passing the order impounding their passports. This is yet another reason why the impugned order dated 14.9.2012 cannot be sustained.

Very important point from para 13,

Clause (e) of Section 10 (3) applies only if the proceedings in respect of an offence alleged to have been committed by the passport holder are pending before a criminal court at the time the passport is revoked/ impounded. Mere registration of a criminal case against a person does not amount to proceedings being pending against him before a criminal court. The proceedings can be said to be pending only when a charge-sheet is filed. During the course of arguments, the learned counsel for the respondents placed on record a communication dated 4.9.2013 received from CBI which shows that a charge-sheet against Mr. Anand Tewari and P.K. Tewari, the petitioners in W.P(C) Nos. 3885/2013 and 5153/2013 has been filed in the Court on 23.8.2013 whereas the remaining cases are still pending investigation. Thus, no charge-sheet has yet been filed against Mr. Abhishek Tewari, petitioner in W.P (C) No.5155/2013 and no charge-sheet either against Mr. P.K. Tewari or against Abhishek Tewari had been filed by the time their passports were impounded vide order dated 14.9.2012. The passports, therefore, could not have been impounded prior to 23.8.2013, when the charge sheet was filed. In fact, in Abhijit Sen Vs. Superintendent (Administration) Regional Passport Officer & Ors. 2004 Cri LJ 1281, a Division Bench of the Calcutta High Court was of the view that the criminal proceedings in terms of clause (e) can be said to be pending only from the date on which cognizance is taken, by the Court, after filing of a charge sheet.

Anand Tewari Vs Union Of India & Ors, on 18 September, 2013
Posted in High Court of Delhi Judgment or Order or Notification | Tagged Anand Tewari Vs Union Of India and Ors Legal Procedure Explained - Interpretation of Statutes Obligation To Record Reasons For Impounding | Leave a comment

N.Chandrababu Vs The Sub Inspector of Police on 21 April, 2017

Posted on July 23, 2018 by ShadesOfKnife

In this judgment from Hon’ble High Court of Madras, Writ Petition is allowed and the Passport Authority is ordered to re-consider the request of petitioner.

N.Chandrababu Vs The Sub Inspector of Police on 21 April, 2017
Posted in High Court of Madras Judgment or Order or Notification | Tagged Article 226 - Power of High Courts to issue certain writs N.Chandrababu Vs The Sub Inspector of Police Obligation To Record Reasons For Impounding Writ Petition Of Certiorary | Leave a comment

Suresh Rajan Vs The Passport Officer on 30 October, 2017

Posted on July 23, 2018 by ShadesOfKnife

In this judgment from Hon’ble High Court of Madras, Writ Petition is allowed and the Passport Authority is ordered to re-consider the request of petitioner.

 

Suresh Rajan Vs The Passport Officer on 30 October, 2017
Posted in High Court of Madras Judgment or Order or Notification | Tagged Article 226 - Power of High Courts to issue certain writs Obligation To Record Reasons For Impounding Suresh Rajan Vs The Passport Officer Writ Petition Of Certiorary | Leave a comment

Mohd. Farid Vs Union Of India And Another on 20 December, 2016

Posted on July 22, 2018 by ShadesOfKnife

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.

Posted in High Court of Allahabad Judgment or Order or Notification | Tagged Mohd. Farid Vs Union Of India And Another Obligation To Record Reasons For Impounding | Leave a comment

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