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2017 (2) TMI 710 - HC - CustomsRelease of impounded passport - smuggling - export of sanders wood - whether the withholding of passport without the issuance of SCN as per sub-section 5 of Section 10 is valid? - Held that: - provisions of the Passport Act have not been complied with, decision of impounding the passport by relying upon the letters of the Customs Authorities is wholly misplaced. The zimni orders would reveal that even notice in the complaint had not been issued, much less, penalty has already been imposed and the matter is subjudice before the Appellate Authority - If at all the Customs Authority would have apprehension regarding the travel of the petitioner, they can take up all possible pleas before the Court/concerned authority as and when any application is moved seeking permission to travel abroad but they cannot give incorrect/wrong information and particulars to the Passport Authority misguiding them to withhold/impound the passport. The impugned action of the Passport Authority based upon information provided by the Customs Authority is wholly misplaced and untenable, much less, suffers from illegality and fallacy, hence set aside - The Passport Authority is directed is release/re-issue the passport No.H-7164937 - petition allowed - decided in favor of petitioner.
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