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2011 Supreme(Ker) 1117

ANTONY DOMINIC
Kunjumon Thankappan – Appellant
Versus
Chief Passport Officer – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:J. Om Prakash, Advocate
For the Respondent: P. Parameswaran Nair, Asst. Solicitor General of India

JUDGMENT :

Antony Dominic, J.

Petitioner is the holder of passport No. J 2314435 dated 24.11.2010 issued by the second respondent. Ext. P-1 order was issued by the second respondent on 04.02.2011, impounding his passport and the reason stated in the said order reads thus :

"2. Since a criminal case pending trial accused in criminal case and also you have not responded to our show-cause notice issued vide this office letter of even number dated 03.01.2011, it has been decided to impound your passport No. J 2314435 issued on 24.11.2010 by this office, under Section 10(3)(e) of the Passports Act, 1967 as amended in 1993."

2. Aggrieved by Ext. P-1, in terms of the provisions contained in Section 11 of the Passports Act, 1967, petitioner filed an appeal before the first respondent. In the appeal memorandum, in ground Nos. 2, 3 and 4, petitioner specifically stated thus:

"2. There is no criminal case pending in any Court against the appellant.

3. In the impugned order the details of the case namely the number of the case, the name of the Court etc., are not given.

4. If any report in this regard is obtained by the Passport Officer from the police a copy of the same ought to have been furnished














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