• Show Cause Notice for possible impounding of passport

I got my Passport reissued in Sept 2012 and after 1.5 month (Nov 2012) joined a company abroad. After 15 days of leaving India police came for verification and submitted adverse report stating I am personally not present for verification as I am abroad. 
In 2014, I got an objection letter and I was asked to furnish explanation and PP Form for re-verification. I have submitted my response and also clearly given proof that I am staying in abroad and my status is NRI. Also requested if anything is required from my side please do inform. 
I got no response to my submission in 2014 and after 2 years on 8th Aug 2016 I got show cause notice asking for explanation why the passport be not impounded. I was asked to be personally present at passport office. I flew back immediately and I have been asked to submit an affadivite explaining the reason and fill PP Form for verification again. I have informed that I am staying abroad since Nov 2012 still I was told to do the police verification. So I waited and done the verification and came back as my daughter was not keeping well. Passport officer's attitude was very rude and not even telling me the process and very threatening. 
My question is that in Police report they will mention that I was staying of the particular address in 2012 and they have verified me but again the report will be adverse as in 2016 I am not staying on my permanent address in India. 
I am worried how this matter is going to close.  
What is the law in this regard ? Am I on the total mercy of this passport officer ? if he decides to impound ... does he informs and can I get a relief from court ? how long this process takes?
Asked 1 year ago in Constitutional Law from Saudi Arabia
You should mention your present address where you were residing in India and also informed to passport officer in writing that you will not be available in India due to the reason on sickness of your child or left your information to your near by or neighborhood.

Without the positive verification there will be doubt and the passport is a matter of national security hence passport officer will do his duty as per law.
Court may interfere but can not allow to your passport without positive verification.

Feel free to call
Nadeem Qureshi
Advocate, New Delhi
4796 Answers
220 Consultations

4.9 on 5.0

1. If you have a residence in India the requirement of police verification suffices. Your physical absence in India at the time of police verification is not a ground for impounding of the passport. If you have received a show cause notice then challenge it in the High Court which can quash it. 

2. He will not inform you before impounding the passport. The show cause notice is the declaration of the intention to impound your passport. So you may move the High Court to restrain the passport officer from impounding the passport.
Ashish Davessar
Advocate, Jaipur
22966 Answers
631 Consultations

5.0 on 5.0

1) Wait for police report wherein adverse police verification report is received 

2) you can seek  re verification and remain present at your permanent address at time of verification 
Ajay Sethi
Advocate, Mumbai
44458 Answers
2585 Consultations

5.0 on 5.0

The reason of show cause is not clear from your query.
If there is no irregularity in obtaining the passport then you have nothing to worry.
In any event if any adverse report is submitted by the Passport officer or the passport is impounded , you can challenge the same before the high court in its writ jurisdiction.
Devajyoti Barman
Advocate, Kolkata
12570 Answers
162 Consultations

5.0 on 5.0

1. No. The police is calling the shot now,

2. The passport was reissued without police verification for which you are not responsible,

3. You had left for abroad against a valid re-issued passport which is not an offence,

4. The police may state that you did not stay at the mentioned address in India which is a fact since at that time you were at Saudi Arabia,

5.You have already clarified this point in your application and PP Form,

6. If still you face problem from the passport authority, file a Writ Petition against the Police and the Pass port authority against their inaction praying for a direction upon them to close the matter in your favour.
Krishna Kishore Ganguly
Advocate, Kolkata
18164 Answers
439 Consultations

5.0 on 5.0

You can give this statement in writing in the form of an affidavit stating that you were residing in that address and since you have migrated and become NRI, you cannot produce any evidence to prove your stand..
Your passport cannot be impounded for such reasons, you may take the help of a local advocate in this regard.
T Kalaiselvan
Advocate, Vellore
34582 Answers
373 Consultations

5.0 on 5.0

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