India Srinivasa Rao, vs The Union Of India,
2022 Latest Caselaw 5134 AP

    THE HON'BLE SRI JUSTICE R.RAGHUNANDAN RAO

                WRIT PETITION No.21058 of 2022

ORDER:

The petitioner is a holder of passport bearing

No.L7829611. He is presently working as a driver in Qatar

Airport. The petitioner had returned to India on 27.04.2022.

Upon his arrival at Rajiv Gandhi International Airport,

Hyderabad, the petitioner was detained by the Immigration

Authorities and subsequently respondent No.6 seized the

passport of the petitioner on the ground that a criminal case

had been registered against him in Crime No.25 of 2022 on

the file of the Disha Police Station, Vijayawada for the offences

punishable under Section 498-A and Section 506 of IPC. It

appears that a notice under Section 41A of Cr.P.C. was also

served on the petitioner and he had appeared before the

respondent Nos.5 & 6 who interrogated him in relation to

Crime No.25 of 2022. Thereafter, the passport is said to have

been sent to the respondent No.2 for the purposes of

impounding the said passport.

2. The petitioner being aggrieved by the action of the

6th respondent in seizing the passport of the petitioner and

addressing a letter dated 27.04.2022 for impounding his

passport has approached this Court, by way of the present

Writ Petition.

3. The learned Government Pleader for Home, on

instructions, has produced the charge-sheet and the

additional charge-sheet filed before the Second Additional

Chief Metropolitan Magistrate, Vijayawada. It is submitted by

the learned Government Pleader that cognizance of the case

has not yet been taken and the case is still pending as Crime

No.25 of 2022.

4. The learned Assistant Solicitor General, on

instructions, submits that the 2nd respondent had received the

request of the 6th respondent dated 27.04.2022 and thereafter,

the 2nd respondent, by way of letter No.

Hyd/30/P02/PIC/244/2022 dated 25.05.2022 had informed

the 6th respondent that steps for impounding the passport can

be taken only in the event of a warrant or summons remaining

outstanding against the holder of the passport or upon

directions of a Court. It is further submitted that no further

response has come from 5th or 6th respondents after this

intimation had been given to them.

5. Section 6 of the Passport Act, 1967 provides for

situations where the request for issuance of a passport can be

rejected. Section 10 of the Passport Act, 1967 stipulates the

condition in which the passport can be impounded. The said

Section 10 reads as follows:

Section 10: Variation, impounding and revocation of passports and travel documents.--

(1) The passport authority may, having regard to the provisions of sub-section (1) of section 6 or any notification under section 19, vary or cancel the endorsements on a passport or travel document or may, with the previous approval of the Central Government, vary or cancel the conditions (other than the prescribed conditions) subject to which a passport or travel document has been issued and may, for that purpose, require the holder of a passport or a travel document, by notice in writing, to deliver up the passport or travel document to it within such time as may be specified in the notice and the holder shall comply with such notice.

(2) The passport authority may, on the application of the holder of a passport or a travel document, and with the previous approval of the Central Government also vary or cancel the conditions (other than the prescribed conditions) of the passport or travel document.

(3) The passport authority may impound or cause to be impounded or revoke a passport or travel document,--

(a) if the passport authority is satisfied that the holder of the passport or travel document is in wrongful possession thereof;

(b) If the passport or travel document was obtained by the suppression of material information or on the basis of wrong information provided by the holder of the passport or travel document or any other person on his behalf: 5 [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 other passport.] 1[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 other passport.]"

(c) if the passport authority deems it necessary so to do in the interests of the sovereignty and integrity of India, the security of India, friendly relations of India with any foreign country, or in the interests of the general public;

(d) if the holder of the passport or travel document has, at any time after the issue of the passport or travel document, been convicted by a court in India for any offence involving moral turpitude and sentenced in respect thereof to imprisonment for not less than two years;

(e) if proceedings in respect of an offence alleged to have been committed by the holder of the passport or travel document are pending before a criminal court in India;

(f) if any of the conditions of the passport or travel document has been contravened;

(g) if the holder of the passport or travel document has failed to comply with a notice under sub-section (1) requiring him to deliver up the same;

(h) if it is brought to the notice of the passport authority that a warrant or summons for the appearance, or a warrant for the arrest, of the holder of the passport or travel document has been issued by a court under any law for the time being in force or if an order prohibiting the departure from India of the holder of the passport or other travel document has been made by any such court and the passport authority is satisfied that a

warrant or summons has been so issued or an order has been so made.

(4) The passport authority may also revoke a passport or travel document on the application of the holder thereof.

(5) Where the passport authority makes an order varying or cancelling the endorsements on, or varying the conditions of, a passport or travel document under sub-section (1) or an order impounding or revoking a passport or travel document under sub-section (3), it shall record in writing a brief statement of the reasons for making such order and furnish to the holder of the passport or travel document on demand a copy of the same unless in any case the passport authority is of the opinion that it will not be in the interests of the sovereignty and integrity of India, the security of India, friendly relations of India with any foreign country or in the interests of the general public to furnish such a copy. (6) The authority to whom the passport authority is subordinate may, by order in writing, impound or cause to be impounded or revoke a passport or travel document on any ground on which it may be impounded or revoked by the passport authority and the foregoing provisions of this section shall, as far as may be, apply in relation to the impounding or revocation of a passport or travel document by such authority.

(7) A court convicting the holder of a passport or travel document of any offence under this Act or the rules made thereunder may also revoke the passport or travel document: Provided that if the conviction is set aside on appeal or otherwise the revocation shall become void.

(8) An order of revocation under sub-section (7) may also be made by an appellate court or by the High Court when exercising its powers of revision. (9) On the revocation of a passport or travel document under this section the holder thereof shall, without delay, surrender the passport or travel document, if the same has not already been impounded, to the authority by whom it has been revoked or to such other authority as may be specified in this behalf in the order of revocation.

6. Section 10(3)(e) would be the relevant provision for

the purpose of this case. This provision is in pari materia with

Section 6(2)(f) of the Passport Act, 1967. The said Section

6(2)(f) has been considered by this Court as well as various

other High Courts.

7. The Hon'ble High Court of Madras in

W.P.No.20058 of 2022 dated 04.02.2021 had held that the

term 'criminal case pending before the Criminal Court' would

have to be taken to mean a case in which the criminal Court

has taken cognizance and mere pendency at the stage of a

crime would not amount to a case pending before the Criminal

Court. This Court by order dated 22.06.2022 in W.P.No.7714

of 2022 had followed the said judgment and had held that a

No Objection Certificate would be required, for travel abroad

for a holder of a passport, from the Court before whom the

case is pending, only when cognizance of the case has already

been taken.

8. In the present case, cognizance has not yet been

taken and as such neither the provisions of Section 6 (2)(f) nor

the provisions of Section 10(3)(E) would come into play.

9. However, the petitioner is accused of a crime

which would have to be dealt with by the Court and the

presence of the petitioner has to be ensured at the time of

trial, subject to such waiver of attendance that may be given

by the trial Court.

10. In the circumstances, this Writ Petition is disposed

of with a direction to the 2nd respondent to release the

passport of the petitioner sent by respondent Nos.5 & 6,

subject to the petitioner producing proof of deposit of

Rs.2,00,000/- before the Second Additional Chief Metropolitan

Magistrate, Vijayawada as security for ensuring his presence

in the Court as and when called by the Second Additional

Chief Metropolitan Magistrate, Vijayawada.

Miscellaneous petitions, pending if any, shall stand

closed.

_________________________________ JUSTICE R.RAGHUNANDAN RAO Date : 12.08.2022 MJA

THE HON'BLE SRI JUSTICE R.RAGHUNANDAN RAO

WRIT PETITION No.21058 of 2022

Date : 12.08.2022

MJA