HUSSAM UD DIN AHMAD Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal is directed against the judgment of single Judge dated October 6, 1998 in OWP No. 362/89.

(2.) Petitioner is aggrieved by order No. JED/C/402/6/85 dated February 26, 1986 passed by Consulate General of India at Jeddah (Saudi Arabia) whereby passport bearing No. R-009573 has been impounded under Section 10(3)(e) of the Passports Act, 1967. This order apprised the petitioner of his right to appeal to the Chief Passport Officer within 30 days.

(3.) Petitioner preferred representation which has been rejected after being treated as an appeal. Through the writ petition, petitioner challenged the action on grounds that Consulate General of India has no authority to pass the impugned order since he is not vested with the powers of Passport Officer and that the recitation in the order that the same has been passed by Government of India is not correct and that the petitioner was not communicated copy of the same for preferring the appeal without which he could not exercise that right. And that the order is non-speaking and passed without affording opportunity to the petitioner of being heard. And that the material on the basis of which impugned order has been passed has not been made available to the petitioner. And that the passport cannot be impounded for an indefinite period.