AI Overview...
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Passport Impounding Legality - The impounding of passports under the Passports Act, 1967, is subject to legal scrutiny; arbitrary or unnotified impoundments are unlawful. For instance, the Supreme Court and High Courts have emphasized that impounding must follow statutory procedures, including providing reasons and opportunities for hearing AKBAR MOHAMED THARIQUE vs THE REGIONAL PASSPORT OFFICER - Kerala, ISHWAR PARASRAM PUNJABI VS UNION OF INDIA - Delhi.
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Procedural Requirements and Arbitrary Actions - Orders of impoundment must be justified, with courts criticizing impoundments made without proper notice or hearing, rendering such actions potentially arbitrary and unlawful. The absence of a hearing violates principles of natural justice AKBAR MOHAMED THARIQUE vs THE REGIONAL PASSPORT OFFICER - Kerala, ISHWAR PARASRAM PUNJABI VS UNION OF INDIA - Delhi.
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Impoundment for Criminal Proceedings - Courts have upheld passport impoundment when linked to criminal investigations, especially in cases involving grave offences or smuggling, asserting that impounding can serve as a preventive measure to curb potential criminal activity ASHRAF KALLUNKAL Vs THE CENTRAL BUREAU OF INVESTIGATION - Kerala, Abdul Rahman VS The State of Tamilnadu rep. by the Secretary to the Government, Chennai - Madras.
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Return of Passports and Conditions - The return or withholding of passports depends on the context; in some cases, passports are retained to prevent flight in serious cases, while in others, courts have directed their return if impoundment is unwarranted or if the individual is not a flight risk Assistant Collector of Customs, Madras VS Abdul Samathu - Madras, Anwar Aneesur Rehman VS The Deputy Commissioner of Customs, Prosecution Unit (Air), Customs House, Chennai - Madras.
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Impounding Under COFEPOSA - Under the COFEPOSA Act, passport impounding is often linked to detention orders related to smuggling or economic offences. Courts have scrutinized whether impounding was justified, noting that improper consideration of passport retention can invalidate detention orders Gimik Piotr VS The State of Tamilnadu represented by the Secretary to the Government & Others - Madras, Abdul Rahman VS The State of Tamilnadu rep. by the Secretary to the Government, Chennai - Madras, LEEMA SEBASTIAN VS STATE OF KERALA - Kerala.
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Judicial View on Arbitrary Impoundment - The judiciary has consistently held that impounding must be based on lawful procedures; impounding without hearing or proper authority is arbitrary and can be challenged in courts AKBAR MOHAMED THARIQUE vs THE REGIONAL PASSPORT OFFICER - Kerala, ISHWAR PARASRAM PUNJABI VS UNION OF INDIA - Delhi.
Analysis and Conclusion:
Impounding of a passport under the Passports Act, including in COFEPOSA cases, must adhere to legal procedures, including providing reasons and opportunities for hearing. Arbitrary or unexplained impoundments are unlawful, and courts have emphasized that impoundment should be justified by the nature of the offence and procedural compliance. In the case of 4 Cofeposa, if the passport was impounded without following due process or proper legal authority, such action could be deemed unlawful and subject to judicial review.
Search Results for "Impounding of Passport 4 Cofeposa"
2025 Supreme(Online)(Ker) 51864 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
MOHAMMED NIAS C.P., J
Passports Act, 1967 , and hence the impounding of his passport is arbitrary and unlawful. The petitioner submits that he was residing abroad from 12.07.2015, and no communication or notice of any proceedings for impounding the passport was served upon him. ... The 1st respondent submits that ordinarily, a fresh passport could not have been issued without seeking clearance from the authority that had ordered impounding. ... It is also averred that despite the #HL_START....
2016 Supreme(Online)(KER) 18379 • India - High Court of Kerala
B.KEMAL PASHA, J
Ratio Decidendi: The court emphasized that the law permits the impounding of Passports for individuals accused in pending ... sections 10(3)(e) regarding passport impoundment and 11 concerning appeal procedures, concluding that the petitioner's passport ... Passport - Criminal Proceedings - Passports Act Section List - The court evaluated the provisions of the Passports Act, specifically ... Subsequently, he was produced before the Advisory Board of COFEPOS....
1984 0 Supreme(Mad) 556 • India - Madras
S.A.KADER
to his country before expiry of passport held sufficient ground for not withholding/impounding passport. ... Passports Act, 1967-Section 10 (3)-Withholding or impounding passport of a foreigner accused of a grave offence-Return of foreigner ... her passport, but even declined to furnish to the petitioner the reasons for impounding her passport despite request made by her. ... But so far as the order impounding the ....
1989 0 Supreme(Mad) 248 • India - Madras
ARUNACHALAM
to travel-Grave offences alleged against foreigner-Presumption being fled away from justice-Court justified in withholding his passport-Held ... ... (d) No order impounding the passport has been made by any Court and the deposit of the passport was not a condition precedent for his release on bail. ... The petitioner was detained under the COFEPOSA Act on 21.6.1988. Though he was arrested on 29.4.1988 he was released on bail on the next day. The petitioner appears to have filed W.P.No....
2005 0 Supreme(Mad) 66 • India - Madras
V.KANAGARAJ
the time of arrest - Conditional order passed by criminal Court for return of passport upheld. ... Customes Act (52 of 1962), Sec.132 - Criminal Procedure Code (II of 1974), Sec.482-Smuggling of currency - Seizure of passport at ... In fact, the question of impounding the passport does not arise at all in cases of such nature, wherein, pending disposal of the case registered against the petitioner and others, their passport are being with held by the Court and therefore, application of Sec.10(3) of th....
2009 0 Supreme(Mad) 2644 • India - Madras
C.S.KARNAN, M.CHOCKALINGAM
Issues: Challenge to detention order under COFEPOSA Act, possession of smuggled currencies, impounding of passport, potentiality ... The petitioner challenged the detention order on various grounds including the impounding of passport and lack of potentiality to ... passport, and the potentiality of the detenu to continue indulging in smuggling activities. ... So far as the second contention is concerned, viz., impounding of passport is concerned, i....
2010 0 Supreme(Mad) 3956 • India - Madras
M.CHOCKALINGAM, M.SATHYANARAYANAN
The Court also noted that the impounding of the detenu's passport was not properly considered by the Detaining Authority. ... of the detenu's passport. ... COFEPOSA - Detention Order - Section 3(1)(ii) - Circulars of Central Board of Excise and Customs No.29/2000 dated 11.04.2000 and ... Therefore, the fact of the impounding of the passport on the detenu deprived of the passport was undoubtedly a very relevant fact. What we have before us is, only the fact that the #H....
1989 0 Supreme(Del) 383 • India - Delhi
SANTOSH DUGGAL
Union of India and another, AIR 1978 SC 597, where it was held that the provisions of section 10 (3) (c) of the Passport Act were void inasmuch as these conferred an arbitrary power, since it does not provide for hearing of the holder of the passport, before order of impounding ... the passport, in exercise of the power conferred by the said provision. ... It was further held in that case. that it was not enough to say that the order had been passed for good reasons because the petitioner in those proceedings bad no oppo....
2013 0 Supreme(Bom) 242 • India - Bombay
A.S.OKA, A.P.BHANGALE
... Where passport of detenu was retained by authorities and was not ... Impounding the passport of the detenu was enough to curb the potentiality of the smuggling, and therefore there was no justification to pass order of preventive detention when there was no chance of the detenu travelling to foreign country without passport. ... ... 4. ... In the present case, admittedly the passport of the detenu was retained by the Authorities and was not returned. ... 7. In the present case, ....
2015 0 Supreme(Ker) 955 • India - Kerala
K.T.SANKARAN, B.SUDHEENDRA KUMAR
It is submitted that impounding of passports of the detenues will not hamper the activities of the detenues under Section 3(1)(iii) of the COFEPOSA Act. The learned Director General of Prosecution also relied on the decision of the Supreme Court in Sitthi Zuraina Begum v. ... Even assuming that by seizing the passport, the detenues would not be able to travel abroad and smuggle goods, it cannot be said that by that act alone, the activity contemplated under Section 3(1)(iii) of the COFEPOSA Act could be....
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