AIR 1998 ANDHRA PRADESH 232 ::(1997) 3 AndhWR 726 ::(1997) 6 AndhLD 820

Andhra Pradesh High Court

Hon'ble Judge(s): B. Sudershan Reddy , J

Passports Act (15 of 1967) , S.10— Passport - Impounding of - Order passed without issuing notice and affording opportunity of hearing to passport holder - Illegal and arbitrary. Constitution of India , Art.14— Opportunity of hearing is required to be given to a passport holder before the decision to impound the passport is taken. The passport holder is entitled for a reasonable opportunity of being heard. The respondent-Passport Officer could not adopt the method of straightway issuing a circular impounding the passport. The action of impounding the passport could not have been taken by the passport officer on the basis of some information furnished by the Police alone. The petitioner passport holder should have been put on notice as to why the passport should not be impounded in exercise of the power conferred upon the Passport Officer under the provisions of the Passport Act, 1967. No such procedure was followed. Therefore, the Circular issued by Passport Officer declaring as if the petitioner's passport is impounded as would be non est in law.(Para 7) .....