After submitting a renewal application, i was issued a passport prior police verification. However there is a criminal case which is pending and is now in final stage of hearing. I on on bail in that case and there is not any condition on my travel or passport in the bail order. I have not used newly issued passport for any international travel. Recently i received a SCN from Regional office of Passport asking to surrender the passport with in 15 days at its office and failure to which they will take action. What are options here? Do I need to go in person and surrender passport? In case my criminal case gets dismissed in next few months then How can i request to get the passport back or in current situation and How can request regional office not to impound my passport. And In case if I surrender passport to passport office, will they take any additional action?
If a criminal case is pending against you and you are out on bail but no conditions have been imposed upon you then they should issue the passport. However once you get absolved from the offence then you may again apply for the passport.
They won't take any additional action. Yes you have to go in person.
You can go in person and surrender your passport and obtain acknowledgment of receipt of passport
if your criminal case get dismissed you can apply for reissue of passport
if you surrender passport no further action would be taken against you
- If there is not any order from the court for impounding your passport and against the travelling abroad , then the Passport authority cannot ask for surrender the passport.
- You should get a certified copy of the order of the court for submitting the same before the passport authority.
You need to challenge the same before high court in writ petition
Dear Sir,
1. The police may have the power to seize a passport under Section 102 (1) of the Criminal Procedure Code but it does not have the power to impound the same.
2. Impounding of a passport can only be done by the passport authority under Section 10 (3) of the Passports Act, 1967.
3. 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.
4. If the criminal charges against you are dismissed, you may request the authorities for the return of your passport.
Thank You!
1. Surrender the Passport immediately as asked for.
2. Thereafter file an application before the Court hearing your criminal case praying for a direction upon the passport authority to return the passport to you to allow you to us it till the disposal of the criminal case.
3. In the same application you should also pray for leave to travel abroad for the purpose of your business of for earning your livelihood till the said case is disposed of.
If you have received the show cause notice from the passport office, you may have to either issue a reply notice explaining the circumstances or to surrender the passport.
The criminal case has not been disposed yet hence as of now you cannot claim any exemption in that regard.
If the criminal case is dismissed then you can apply for passport once again provided the passport has not been cancelled by the passport authorities till then.
You cannot ask the passport authorities to not to impound your passport, they are entitled to initiate suitable action in this regard as per the provisions of section of the Indian passport act.
Looks like while renewing you concealed pending criminal case.
If that is so then it's a ground for impounding.
So surrender the passport and apply for it with permission of court.
Dear Querist
You should file a reply of their SCN.
whether you mentioned the criminal case in your renewal application or not?
if not then based on the concealment they issue this SCN to you and in that situation, you have no other option to surrender the passport otherwise traveling abroad is a fundamental right provided and guaranteed by The Constitution of India.
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