KANAGA Vs. REGIONAL PASSPORT OFFICER

JUDGEMENT

(1.) These Writ Petitions have been filed to challenge the proceedings in Letter Ref.No.IMP/307894039/2018, and Ref.No.IMP/307894049/18, dated 28.11.2018 and direct the respondents to return the petitioners' passport bearing Passport Nos.S1988237 and Z4628091 to the petitioners.

(2.) The learned counsel appearing for the petitioners submitted that the second respondent registered a case as against the petitioners and others in R.C.No.229 of 2018 A 0001 for the offences punishable under Sections 120(B) of IPC r/w Sections 7, 7A, 8 and 12 of Prevention of Corruption Act, alleging that in conspiracy with the public servants, namely, A1 to A7 were illegally smuggled the restricted items such as liquor bottles, Laptop, I-phones, Fish Tin, Perfumes, etc., from abroad without paying paying customs duty in connivance with the public servants. The petitioners are arrayed as A14 and A15.

(3.) During the course of investigation, the second respondent police seized their passports and other articles. But, the second respondent did not produce the seized items before the concerned jurisdiction Court. Contrary, the second respondent simply kept its under their illegal custody. He further submitted that on 12.09.2018, the first respondent issued notice to the petitioners for explanation in pursuant to the crime registered against them. They appeared before the first respondent and also submitted their explanation. Even then the first respondent passed the impugned order, thereby impounded their passports under Section 10(3)(e) of the Passports Act, 1967, on the ground that the 'criminal case is pending before the Court'. He further submitted that the impugned order has been passed without application of mind, since impounding of passport is not automatic and the pendency of criminal case is not a criteria to impound the passport. He further submitted that they were not given proper opportunity before passing impugned order and as such it is clear violation of principle of natural justice. Therefore, he sought for quashment of the impugned order.