Impounding of passport
498A-filed
(Querist) 08 September 2014
This query is : Resolved
Dear experts,
My wife has not appeared in the court despite issue of summons and an arrest warrant is due to be issued shorty against her. Since it is a case of 420 IPC where she can be jailed for up to 7 years, I fear that she can flee from country and never return back to face the law.
Is there any provision under law by which I can get her passport impounded/siezed through court.
ajay sethi
(Expert) 08 September 2014
even the Court cannot impound a passport. Though, no doubt, Section 104 Cr.P.C. states that the Court may, if it thinks fit, impound any document or thing produced before it, SC has held that in our opinion , this provision will only enable the Court to impound any document or thing other than a passport. This is because impounding a passport is provided for in Section 10(3) of the Passports Act. The Passports Act is a special law while the Cr.P.C. is a general law. It is well settled that the special law prevails over the general law vide G.P. Singh’s Principles of Statutory Interpretation (9th Edition pg. 133). This principle is expressed in the maxim Generalia specialibus non derogant. Hence, impounding of a passport cannot be done by the Court under Section 104 Cr.P.C. though it can impound any other document or thing.”
the courts or the police can at best seize a passport, but for impounding (which is far more enduring and continous posssession) passport authority would have to be approached – and the authority can take a decision on whether it would be impounded or not, this decision since has a great bearing on a person’s right to life and personal liberty – is taken after giving him a hearing and chance to representation.
Rajendra K Goyal
(Expert) 08 September 2014
Well advised by the expert ajay sethi, agree to it.
498A-filed
(Querist) 08 September 2014
Sir the passport was issued from Mumbai. Should I write a letter to the concerned passport authority raising the concern that she can escape from India to avoid imprisonment and requesting him for initiating action for impounding her passport u/s 10(3) of the passport act. I will attached the certified case record.
Please advise.
498A-filed
(Querist) 08 September 2014
Sec 10(3)(e) of the Passport Act 1967 provides for the impounding of passport in my kind of cases.
10. Variation, impounding and revocation of passports and travel documents
(3) The passport authority may impound or cause to be impounded or revoke a passport or travel document,-
(e) if proceedings in respect of an offence alleged to have been committed by the holder of the passport or travel document are pending before a criminal court in India.
Sir can I write a letter given the above quoted section of the passport act.
T. Kalaiselvan, Advocate
(Expert) 13 September 2014
@ Author: you cannot write directly to the passport authority to impound the passport invoking the cited provision of law under the act, an individual cannot direct an authority to carry out the functions. If you intend the authority to take appropriate action in this regard, you may move a petition before the court praying the court to direct the passport authority to invoke the provisions on the basis of impending criminal case and due to its gravity. Discuss with your advocate and proceed further.
498A-filed
(Querist) 14 September 2014
Thank You sir for your guidance.
In one of the cases, a person received a letter from the passport authority to surrender his passport and the reason cited in the letter was that the complainant(wife) has requested for the impounding of passport because of the pending 498 A criminal case against him and thus the passport authority exercised his power u/s 10(3)(e)of the passport act 1967.
I would like to further add that there is no where written in the said sections that the request of impounding must come from a court or some authority.
I inquired about it in the court also but people in the court told me that it is not easy to get an order for impounding of passport.
So in the view of the above I want advice whether I should write a letter to the concerned passport authority with the certified copy of cognizance order and the arrest warrant order, stating my concerns and apprehensions of her fleeing from the country to evade the law and imprisonment and request the passport officer to take appropriate steps as per law for impounding of her passport under the said section.
Awaiting your valuable inputs Sir.
498A-filed
(Querist) 21 September 2014
Waiting for experts inputs.
