passport
would be to impair the constitutional right of the holder of
the passport to go abroad during the time that the passport
is impounded ... impounded and the order impounding it recalled. This
should not only be possible but also quite appropriate,
because the reasons for impounding the passport
which Section 10(3)(c) of the Passport Act, 1967 authorises the passport authority to impound a passport "in the interests of the general ... provide for a hearing to the holder of the passport before the passport is impounded;
(3) Section 10(3)(c) is violative of Article
under:
(3) The passport authority may impound or cause to be impounded
or revoke a passport or travel document -
(e) if proceedings in respect ... does not have the power to impound the same. Impounding of a
passport can only be done by the passport authority under Section
other than the prescribed conditions) of the passport or travel document. (3) The passport authority may impound or cause to be impounded or revoke ... Provided that if the holder of such passport obtains another passport, the passport authority shall also impound or cause to be impounded or revoke such
impounded and the order impounding it recalled. This should not only be possible but also quite appropriate, because the reasons for impounding the passport ... statement of reasons to the holder of the passport. When the Passport Authority which has impounded the passport is other than the Central Government
passport
would be to impair the constitutional right of the holder of the passport
to go abroad during the time that the passport is impounded ... impounded and the order impounding it
recalled. This should not only be possible but also quite appropriate,
because the reasons for impounding the passport
distinction
between "seizure" and "impounding" held that even the Court cannot
impound the passport. It was held ... CrPC, it does not have
the power to impound the same. Impounding of a passport can
only be done by the Passport Authority under Section
natural
justice.
Pendency of matrimonial / criminal cases -
impounding of passport - the passport cannot be
impounded merely because a case involving
offence under Section ... Court. The passport authority
directed the petitioner to surrender the passport failing which,
the passport will be cancelled. The passport was impounded
without affording
power to seize any document including passport, the Passports Act being a special enactment, its provisions relating to impounding of passport will prevail over ... prosecution is to refer the passports to the passport authorities with a request to impound them. For making such a request, it is not necessary
crime is found
pending against the passport holder. For the passport authority may
impound or cause to be impounded or revoke a passport or travel ... order."
45. So I hold that the Passport Officer shall release the Passport, for
the impounding stands judicially nullified. Nevertheless, if the systemic
problems
