
Passport Authority Not Bound To Impound Passports On Pendency Of Criminal Cases, S.10(3)(e) Uses 'May': Allahabad High Court
Live LawThe Allahabad High Court has held that under Section 10 of the Passports Act, 1967, it is not mandatory for the passport authority to impound passport of a person against whom criminal case are pending. The bench comprising of Justice Shekhar B. Saraf and Justice Manjive Shukla held that “the legislature under Section 10 of the Passports Act, 1967 had deliberately used word 'may' meaning thereby that in the eventualities enumerated under Section 3 of the Passports Act, 1967 of the passport officer by recording reasons can impound passport but it is not necessary that in every case falling under Section 3 the passport officer is mandatorily required to impound the passport.” Factual Background Petitioner was issued a passport on 20.08.2014, valid upto 19.08.2024. High Court Verdict Discussing Section 10 and 10, the Court held that the legislative intent was to give discretionary power to the passport authority for impounding/revoking passports on grounds of pendency of criminal cases. “The legislature under Section 10 has given power/discretion to the passport authority that if he is satisfied then he can impound the passport of a person on the ground of pending proceedings in relation to an offence in the criminal court, therefore prior to passing the order of impounding passport, the passport officer after considering the facts and circumstances of each case has to record reasons to arrive at a conclusion that due to pending criminal proceedings in a criminal court, the passport holder may misuse the passport for avoiding his appearance before the court and can delay the conclusion of the proceedings.” The Court relied on the decision of its coordinate bench in Mohd.
History of this topic

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