The court directed the issuance of an emergency certificate to a passport holder residing abroad to enable them to return to India to defend against a pending criminal prosecution, reconciling passport impoundment regulations with the right to defend oneself in criminal proceedings.

JUDGMENT

The petitioner is the holder of an Indian passport and he is presently employed in United Kingdom. The petitioner has been issued with Ext.P4 notice by the 2^nd respondent asking him to show cause as to why his passport shall not be impounded under Section 10(3)(e) of the Passports Act, 1967 (for short, ‘the Act’) since a criminal case is pending against him. The petitioner submitted Ext.P3 reply stating that at the time of applying for Police Clearance Certificate he has not received any summons in respect of any criminal case. Pursuant to Ext.P3, the 2^nd respondent issued Ext.P5 communication impounding the passport of the petitioner under Section 10(3)(e) of the Act. Ext.P5 is impugned in this writ petition.

2. According to the petitioner, the pendency of a criminal case is not a ground to impound the passport. Further, the details of the criminal case are not referred in Exts.P4 and P5 and Ext.P5 order has been passed without application of mind.

3. A statement has been filed on behalf of respondents 1 and 2 wherein it is stated as follows:-

“5. On 24.02.2026, a letter vide OR 06/2025/NCB/COK-178 from the Sub Inspector, Narcotics Control Bureau, Cochin Zonal Unit, was received at the office of the 2nd respondent. This letter stated that Cr.no. OR 6/25 of NCB Cochin Unit is registered against the petitioner and a non-bailable warrant of arrest was issued by the Hon. Addl. District & Sessions Judge, Ernakulam in SC 6/26. Additionally, it was requested that the passport Z6177668 issued in favour of the petitioner be revoked.”

It is further stated therein that though a show cause notice was issued to the petitioner, his reply was not satisfactory. Accordingly, the passport was impounded under Section 10(3)(e) and (h) of the Act.

4. The 1^st respondent has issued GSR 570(E)

under Section 21 of the Act permitting issuance of passport to persons who are accused in criminal cases, subject to the condition that permission of the Criminal Court must be obtained and the passport shall be reissued only for the period for which such permission is granted by the Criminal Court. Since the petitioner’s passport has been impounded, he is not in a position either to come to India and defend the case or to obtain orders from the competent criminal court permitting him to travel abroad.

5. Schedule II Part II of the Passports Rules, 1980 provides that an emergency certificate can be issued to a citizen of India abroad whose passport has been impounded.

6. In the said circumstances, to meet the ends of justice, the petitioner is directed to make an application for issuance of an emergency certificate before the competent authority in the High Commission of India/Consulate at United Kingdom, within a period of ten days from today. On receipt of such application, the said authority shall consider the same and pass appropriate orders, within a period of two weeks therefrom.

The writ petition is disposed of.