Urgent : Notice Issue to me for impounding of my passport
Legal Fighter
(Querist) 06 November 2010
This query is : Resolved
I am in India and facing 498A case. I have received a notice from Passport
authority to surrender my passport failing which my passport will be impounded. I got Anticipatory bail from High Court and now I am on bail from trial court and there is no condition in my bail order.
What should I do? Please suggest.
R.Ramachandran
(Expert) 06 November 2010
Dear Legal Fighter, true to your name fight the case against surrendering / impounding of your passport through legal means.
Kiran Kumar
(Expert) 06 November 2010
give a reply to the notice and find out why such why notice was issued to you.
if there were no such orders for the court then what compelled passport authorities to issue such a notice to you.
in case you dont get any relief on administrative side then approach HC against passport authorities.
Devajyoti Barman
(Expert) 06 November 2010
Yes,unless there is any illegality in issuance of the Passport, the Passport authority has no power to issue such notice , that too, without the order of the court of law. Ask for the reasons and if the reasons are without any basis then file Writ before the high court for quashing such notice.
Legal Fighter
(Querist) 06 November 2010
in the said notice, it is written that they have issued the said notice on receiving a complaint and the passport authority has power to impound the passport u/s 10(3)(e) of the Act if there are any criminals proceedings pending.
Nu.Delhi.Law.Fora.
(Expert) 06 November 2010
Dear Querist,
If your passport is impounded by now, you have an option to appeal to Chief Passport Officer. If the reason given for impounding is not teneable or based on a false complaint by the in-laws/ex-wife, assert their falsehood, mention material facts relating to litigation, if any, in India or abroad and request them to suspend the impounding and you need the passport to travel and for your livelihood. You may take benefit of very famous Maneka Gandhi vs UOI (probably of 1978) and Suresh Nanda Vs C.B.I. AIR 2008 SC 1414 in this regard.
Trust thsi would be fine.
M V Gupta
(Expert) 06 November 2010
Before you approach the Court by way of a writ or otherwise you have to exhaust the administrative remedies available,such as appealing to the Chief Passport Officer etc. Otherwise your action in the court may be liable to be dismissed.
