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TMI Blog2017 (10) TMI 292X X X X Extracts X X X X X X X X Extracts X X X X ..... appeal was heard finally. 2. The appellant is aggrieved by the order of the learned Single Judge who had accepted his contentions in the writ petition, holding that the impounding before seizure without initiation of appropriate proceedings under the Passports Act, 1967 by the respondent was unauthorised. However, the grievance articulated in this appeal is with respect to the operative portion of the order which reads as follows: - "5. Be that as it may, in view of the decisions of the Supreme Court in Suresh Nanda v. CBI (Supra), the petitioner's passport cannot be impounded by the respondent. 6. In the circumstances, it is directed that the passport be forwarded to the concerned Regional Passport Officer who, if considers necessary, s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nditions (other than the prescribed conditions) subject to which a passport or travel document has been issued and may, for that purpose, require the holder of a passport or a travel document, by notice in writing, to deliver up the passport or travel document to it within such time as may be specified in the notice and the holder shall comply with such notice. (2) The passport authority may, on the application of the holder of a passport or a travel document, and with the previous approval of the Central Government also vary or cancel the conditions (other than the prescribed conditions) of the passport or travel document. (3) The passport authority may impound or cause to be impounded or revoke a passport or travel document,- (a) if th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ty that a warrant or summons for the appearance, or a warrant for the arrest, of the holder of the passport or travel document has been issued by a court under any law for the time being in force or if an order prohibiting the departure from India of the holder of the passport or other travel document has been made by any such court and the passport authority is satisfied that a warrant or summons has been so issued or an order has been so made." 5. In Suresh Nanda's case, the Court observed as follows: - 14. In our opinion, while the police may have the power to seize a passport under Section 102(1) Cr.P.C, it does not have the power to impound the same. Impounding of a passport can only be done by the passport authority under Section 10 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... thority to decide whether to impound the passport or not. Since impounding of a passport has civil consequences, the passport authority must give an opportunity of hearing to the person concerned before impounding his passport. It is well settled that any order which has civil consequences must be passed after giving opportunity of hearing to a party (vide State of Orissa Vs. Binapani Dei), AIR 1967 SC 1269. 17. In the present case, neither the passport authority passed any order of impounding nor was any opportunity of hearing given to the appellant by the passport authority for impounding the document. It was only the CBI authority which has retained possession of the passport (which in substance amounts to impounding it) from October, 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ar that we are not expressing any opinion on the merits of the case and are not deciding whether the passport can be impounded as a condition for grant of bail." 6. It is evident from the impugned order that the learned Single Judge was alive to and in fact applied the rule in Suresh Nanda (supra). However, it is at the same time facially apparent that instead of quashing the impounding order, the Court permitted retention of the passport and facilitated its onward transmission to the Regional Passport Officer which in effect itself amounts to impounding. This kind of impounding was frowned upon and held to be unauthorized in Suresh Nanda (supra) when it was declared that "even the Court cannot impound a passport. Though, no doubt, Section ..... X X X X Extracts X X X X X X X X Extracts X X X X
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