Passport--Decision of impounding the passport should not be taken by passport authority merely on letter by customs authority

Mr. Amit Rawal, J. (Oral):- C.M. No.1517 of 2017

Application is allowed.

Replication is taken on record.

CWP No.9781 of 2016

2. The petitioner is aggrieved of the impugned action of respondent No.2, who has impounded the passport of the petitioner bearing No.H-7164937 valid upto 22.09.2019.

3. Mr. Ashish Aggarwal, learned Senior Counsel assisted by Mr. Deepak Gupta, Advocate appearing for the petitioner submits that the petitioner from the last five years has travelled couple of times to various countries including Dubai and Singapore. The petitioner is in the business of exporting rice to different countries and in this aspect of the matter, he has to travel abroad. However, in the year 2013, office of Commissioner of Customs (Anti Smuggling), Ludhiana, initiated an investigation alleging that he is involved in the export of sanders wood. Resultantly, he was arrested for alleged to have committed offence under Section 135 of the Customs Act, 1962 and in these proceedings on 24.07.2013, the Customs Authority had taken into possession passport of the petitioner, apart from PAN Card, driving licence and other documents.

4. He further submits that on 23.12.2013, the officer of the Customs returned the passport to the petitioner as he was released on bail, being the alleged offence a bailable one. However, the Passport Authority vide notice dated 20.05.2014 directed the petitioner to surrender the passport within 7 days and given show cause notice regarding impounding of the same. The aforementioned order was on the basis of the notice/letter received by the Passport Authority from the office of Deputy Commissioner (Anti Smuggling Unit), Ludhiana.

5. The petitioner stated to have responded the same vide reply dated 09.06.2014 by contesting the show cause but during the pendency of the show cause notice, it has been informed that the passport was impounded on 03.06.2014.

6. The petitioner was constrained to file a writ petition bearing No.14785 of 2014 before this Court which was disposed of with a direction to respondents to decide the matter within a period of 15 days. Since the show cause notice was not decided, the petitioner was compelled to file contempt petition and during the pendency of the contempt petition, an order dated 31.10.2014 (Annexure P-3) was passed refusing to release the passport by invoking the provisions of Section 10(3)(C) of the Passport Act, 1967.

7. He further submits that since the aforementioned order was assailable, an appeal was filed before the Appellate Authority and the Appellate Authority vide order dated 11.08.2015 disposed of the appeal with the following directions:-

“4. Having gone through all the records and in light of full facts and circumstances ofthe case, I decide as under:-

i) Decision of the PO to impound the Appellant’s passport was in order in view of the adverse report from the police authorities with clear recommendation for impounding of the passport.

ii) As pleaded by the appellant, the PO may seek reverification report from the police authorities. Only on receipt of clear verification report with recommendation for release of Appellant’s passport, PO may release his passport.

iii) the appeal is not allowed.”

8. There is a categoric pleading in paragraph 17 of the writ petition, which reads as under:-

“17. That the respondent sought a report from the police authorities. The police authorities submitted their report to the respondent. After receipt of police report, the respondent wrote to the Customs Department regarding release of the passport of the petitioner. The Customs Authorities in their report submitted that order has been passed and prosecution has been launched. The respondent showed both reports to the petitioner when the petitioner visited office of respondent.”

9. The verification conducted by the local police had recommended for release of the passport yet the respondent did not release the passport and the factum of averments in the corresponding paragrap