Passport impoundment under Section 10(3)(e) invalid without pending criminal case in court.

ORDER

The petitioner challenges the communication dated 18.03.2026 issued by the first respondent. In the said communication, a decision is taken to impound the passport bearing No.W9646925 citing that a criminal case is pending before the Court. The impounding of passport was in exercise of its power under Section 10(3) (e) of the Passports Act, 1967.

2. Heard the learned counsel on either side.

3. A criminal case was registered against the petitioner in Crime No. 375 of 2011 and the validity of the registration of the said crime number was assailed by the petitioner before this Court in Crl.O.P(MD)No.10257 of 2023 and the petitioner contends that the further investigation has been stayed by this Court.

4. Reading of the Section 10(3) of the Passports Act, 1967, clearly reveals that the Passport authority can impound the passport only if a case is pending against the petitioner in a criminal Court. In the instant, no criminal case is pending against the petitioner in any criminal court in India and therefore, the impounding of the Passport of the petitioner lack statutory authority.

5. In light of the above, the impugned communication issued by the first respondent is not legally sustainable.

6.Accordingly, the Writ Petition is allowed. The impugned communication dated 18.03.2026 bearing Ref. No. IMP/1054231691/26 issued by the first respondent is hereby quashed.

7.The first respondent is directed to release the passport to the petitioner forthwith and also consider the case of the petitioner for renewal of his passport in accordance with law.

8. There shall be no orders as to costs. Consequently, connected miscellaneous petition is closed.