IMPORTANT POINT
The passport authority must provide a reasoned decision when impounding a passport under Section 10 (3) (e) of the Passports Act, 1967, and cannot rely solely on the existence of pending criminal proceedings.

JUDGMENT :

(Hon’ble Manjive Shukla, J.)

1. Heard Sri Suhel Ahmad Azmi, learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the respondents.

2. Petitioner through this writ petition has challenged the communication dated 30.05.2023 issued by the Regional Passport Officer, Vipin Khand, Gomti Nagar, Lucknow whereby he has been informed that decision has been taken to impound the passport No. M1266202 issued in his favour on 20.08.2014, under Section 10 (3) (e) of the Passports Act, 1967 on the ground of pending criminal case.

3. Facts of the case, in brief, are that pursuant to petitioner’s application, Passport No. M1266202 was issued to him on 20.08.2014. The said passport is valid up to 19.08.2024. The petitioner on the basis of the aforesaid passport was residing in Kingdom of Saudi Arabia and was doing a private job. Petitioner’s wife Fatima Jahara has lodged an F.I.R. against the petitioner which has been registered as Case Crime No. 25 of 2023 under Sections 498-A, 323, 406, 504, 506 I.P.C., Section 3/4 Dowry Prohibition Act and Section 3/4 of Muslim Women (Protection of Rights of Marriage) Act, 2019 at Police Station Mahila Thana, District Ambedkar Nagar. The investigating officer after completing his investigation in the aforesaid crime had submitted charge-sheet on 27.08.2023 before the competent court. The petitioner and other accused of the aforesaid crime have filed an application under Section 482 Cr.P.C. before this Court at Lucknow bearing Case No. 4935 of 2024 and the Court vide order dated 29.05.2024 has stayed the proceedings of the criminal case pending before the Court concerned.

4. Learned counsel appearing for the petitioner has submitted that Section 10 (3) (e) of the Passports Act, 1967 provides that the passport authority may impound or cause to be impounded or revoked a passport or travel document if proceedings in respect of an offence alleged to have been committed by the holder of the passport or travel document are pending before criminal court in India. He further submits that under Section 10 (5) of the Passports Act, 1967 provides that where the passport authority makes an order impounding a passport or travel document under sub-section 3 of Section 10 of the Passports Act, 1967, it shall record in writing a brief statement of the reasons of the making such order and furnish it to the holder of the passport.

5. Learned counsel appearing for the petitioner has argued that the legislature while enacting Section 3 of the Passports Act, 1967 had conferred discretion to the passport authority that in the case of pending criminal proceedings against a passport holder, he may impound the passport. He further argues that the legislature in Section 10 (3) had deliberately used word ‘may’ therefore intention of the legislature is very clear that a passport officer may impound the passport if criminal proceedings are pending against a passport holder but that does not mean that the passport officer is required to impound the passport of a person in every case where the criminal proceedings are pending against the said person. The passport officer as per the mandate of the legislature under Section 10 (3) (e) is required to consider each and every case on its own facts and thereafter by recording reasons of a possible misuse of the passport for avoiding presence of the passport holder before the court trying the offence or possibility of delay in conclusion of the criminal proceedings, can impound the passport.

6. Learned counsel appearing for the petitioner has further argued that when Section 10 (3) (e) is read with Section 10 (5) of the Passports Act, 1967 it can easily be inferred that the legislature had mandated the passport officer to give reasons for recording his satisfaction that a case for impounding passport is made out under Section 10 (3) (e) of the Passports Act, 1967 but in the case of the petitioner no reasons for recording satisfaction of the pass