The court affirmed the right to apply for a passport despite pending criminal proceedings if a No Objection Certificate from the court is provided, emphasizing the necessity of judicial oversight over travel applications.

JUDGMENT :

YASHVIR SINGH RATHOR , J.

1. Present petition has been instituted under Section 528 of BNNS, 2023 for quashing order dated 04.11.2025 (Annexure P-4) passed by learned Additional Sessions Judge, Special Judge, Fast Track under NDPS Act, Fatehabad in case titled as State Vs. Atma Ram in FIR No.82 dated 27.02.2020, under Section 15 /61/85 of NDPS Act, 1985 registered at Police Station Sadar, Fatehabad whereby permission to apply and obtained the passport from the concerned authority was rejected and further directed the ld. Trial Court to grant the permission to the petitioner for apply and obtain the passport.

2. Now, the petition in hand has been instituted seeking permission to apply for passport before the passport authority.

3. Learned counsel for the petitioner contends that present petition has been filed seeking permission of this Court to apply for issuance of a passport. In view of office memorandum dated 10.10.2019 by the Government of India, Ministry of External Affairs PSP Division regarding issuance of passports to the persons against whom criminal cases are pending. Infact, the petitioner’s daughter namely Priyanka is studying abroad in the University at Buffalo in the State of New York, United State of America. However, in view of order dated 18.12.2025 passed by the learned Special Judge, Fatehabad his request for the issuance of passport was declined.

4. Learned counsel for the petitioner as well as learned State counsel have been heard and material collected by the police during investigation has been perused.

5. It would be necessary to examine the relevant provisions of the PASSPORT ACT , to decide the present application. Section 6 of the PASSPORT ACT , 1967 held as under:-

“6. Refusal of passports, travel documents. etc.—

(1) Subject to the other provisions of this Act, the passport authority shall refuse to make an endorsement for visiting any country under clause (b) or clause (c) of sub-section (2) of section 5 on any one or more of the following grounds, and on no other ground, namely:—

(a) that the applicant may, or is likely to, engage in such country in activities prejudicial to the sovereignty and integrity of India;

(b) that the presence of the applicant in such country may, or is likely to, be detrimental to the security of India;

(c) that the presence of the applicant in such country may, or is likely to, prejudice the friendly relations of India with that or any other country;

(d) that in the opinion of the Central Government the presence of the applicant in such country is not in the public interest.

(2) Subject to the other provisions of this Act, the passport authority shall refuse to issue a passport or travel document for visiting any foreign country under clause (c) of sub-section (2) of section 5 on any one or more of the following grounds, and on no other ground, namely:—

(a) that the applicant is not a citizen of India;

(b) that the applicant may, or is likely to, engage outside India in activities prejudicial to the sovereignty and integrity of India;

(c) that the departure of the applicant from India may, or is likely to, be detrimental to the security of India;

(d) that the presence of the applicant outside India may, or is likely to, prejudice the friendly relations of India with any foreign country;

(e) that the applicant has, at any time during the period of five years immediately preceding the date of his application, been convicted by a court in India for any