Sukhpreet Singh Dhaliwal vs State Of Punjab And Others
2024 Latest Caselaw 10306 P&H

Punjab-Haryana High Court

Sukhpreet Singh Dhaliwal vs State Of Punjab And Others on 13 May, 2024

                                 Neutral Citation No:=2024:PHHC:066300




CWP-22642-2020                    1

202
      IN THE HIGH COURT OF PUNJAB AND HARYANA
                    AT CHANDIGARH

                                         CWP-22642-2020
                                         Date of Decision:13.05.2024


SUKHPREET SINGH DHALIWAL                                  ......... Petitioner

                                      Versus

STATE OF PUNJAB AND OTHERS                                ..... Respondents

CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL

Present :   Mr. Karan Nehra, Advocate
            for the petitioner.

            Mr. Aman Dhir, DAG, Punjab.

                   ****

JAGMOHAN BANSAL, J. (Oral)

1. The petitioner through instant petition under Article 226 of

the Constitution of India is seeking direction to respondent-SSP, S.A.S.

Nagar, Mohali to release his Passport No.S4677214 dated 04.05.2018 and

Old Passport No.H1197097 dated 31.10.2008.

2. Mr. Karan Nehra, Advocate submits that respondent vide

memo dated 23.11.2019 (Annexure P-3) has taken into possession

petitioner's Passport No.S4677214 dated 04.05.2018 and Old Passport

No.H1197097 dated 31.10.2008. The respondent being a Police Officer

has no authority to impound passport of any citizen of India. The power

lies with Passport Authority.

In support of his contention, he relies upon judgment of

Supreme Court in 'Suresh Nanda Vs. C.B.I.' (2008) 3 SCC 674.

3. Learned State counsel submits that petitioner is involved in

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Neutral Citation No:=2024:PHHC:066300

many criminal cases and his passports as per Section 10 of Passport Act,

1967 can be impounded, however, he concedes that power of impounding

can be exercised by Passport Authority.

4. After arguing for sometime, learned counsel for the parties

agreed that respondent-SSP, S.A.S. Nagar, Mohali should handover

passports to Passport Authority which would be free to take action in

accordance with law.

5. In the wake of statement of both sides, the petition stands

disposed of with a direction to SSP, S.A.S. Nagar, Mohali to handover

passports of petitioner, within 2 weeks from today, to Passport Authority.

The respondent before handing over petitioner's passports to Passport

Authority shall supply him its certified copies.

                                               ( JAGMOHAN BANSAL )
                                                      JUDGE
13.05.2024
Ali
                   Whether speaking/reasoned    Yes/No

                      Whether Reportable        Yes/No




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