AIR 2011 PATNA 54

Patna High Court

Hon'ble Judge(s): Navin Sinha , J

Passports Act (15 of 1967) , S.10— Evidence Act (1 of 1872) , S.114(e)— Impounding of passport - Show cause notice for - Issued without any materials for delinquent to answer - Passport impounded in casual manner, improper. A presumption arises in law that when a Passport is issued to a citizen all necessary inquiries, formalities and queries have been fully answered to the satisfaction of the authorities. Once a Passport is issued after compliance with procedures, a presumption of its correctness arises under Section 114(e) of the Evidence Act. The presumption is rebuttable in accordance with law. The onus lies on the person who questions the same. The Passport can certainly be revoked but only in accordance with law. A show cause notice given for as important a document as a Passport vesting the fundamental right to freedom of movement cannot be an empty formality. The person issuing the show cause should be conscious of the need in law to issue the same before action. A presumption arises that he was also conscious of the fact that the show cause was required to be speaking in nature to enable the person concerned to answer the materials contained in the notice. A show cause notice without any materials for the delinquent to answer is not a show cause notice. The petitioner claimed to have utilized the Passport even since 1990 and including two renewals g....