The impounding of a passport can only be done by the passport authority under Section 10(3) of the Passports Act, 1967, and even the Court cannot impound a passport.

S.RAVINDRA BHAT, J.

1. Issue notice. Mr. P.C. Aggarwal, Advocate accepts notice on behalf of the first and second respondents who are in effect the contesting parties. With consent of counsel, the appeal was heard finally.

2. The appellant is aggrieved by the order of the learned Single Judge who had accepted his contentions in the writ petition, holding that the impounding before seizure without initiation of appropriate proceedings under the Passports Act, 1967 by the respondent was unauthorised. However, the grievance articulated in this appeal is with respect to the operative portion of the order which reads as follows: -

“5. Be that as it may, in view of the decisions of the Supreme Court in Suresh Nanda v. CBI (Supra), the petitioner’s passport cannot be impounded by the respondent.

6. In the circumstances, it is directed that the passport be forwarded to the concerned Regional Passport Officer who, if considers necessary, shall initiate the proceedings for impounding/suspension of the passport in accordance with the Provisions of the Passports Act, 1967.

7. It is clarified that in the event, such proceedings are not commenced within a period of two weeks from today, the passport will be returned to the petitioner forthwith.”

It is urged by learned senior counsel for the appellant that the directions complained of are contrary to the expressed intent and the spirit of the declarations in Suresh Nanda v. CBI, (2008) 3 SCC 674. In that decision, the Court had noticed the distinction between the seizure and impounding of passport and further clarified that impounding could be only in terms of Section 10 (3) of the Passport Act, 1967 which had to be preceded by procedure prescribed in Section 10 (1) of the Passport Act, 1967.

3. Counsel for the respondents, on the other hand, submitted that there can be no grievance at this stage given that the learned Single Judge granted a window of two weeks’ time to the authorities to initiate impounding proceedings.

4. Section 10 of the Passport Act, 1967 to the extent it is relevant reads as follows: -

“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]

(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 ti