2013 (1) TMI 742 - HC - Customs

Court quashes passport impounding for lack of reasoning, orders fair reconsideration

AFAQUE ALAM Versus COMMR. OF CUS. (AIRPORT & ADMINISTRATION)

The Court found the impounding decision of the petitioner's passport by the Regional Passport Officer unsustainable due to lack of reasoning. Despite ... Impounding of passport - non speaking order - Held that:- The subject order is apparently a non-speaking order. The contentions of the petitioner have not been recorded and from the order it is not clear whether the submissions made by the petitioner have at all been considered. The communication dated 29th October, 2012 being non-speaking the impugned decision to impound the passport of the petitioner cannot be sustained. The impugned decision is set aside and quashed. - it is not in dispute that the petitioner had been found bringing in goods, which had not been declared. In the circumstances, this Court is not inclined to direct return of the passport to the petitioner. - Matter remanded back - Decided partly in favour of appellant. Issues:1. Seizure of passport by Customs authorities2. Rejection of passport release application by Chief Judicial Magistrate3. Revisional application under Section 482 of Criminal Procedure Code4. Impounding of passport by Regional Passport Officer5. Legality of impounding decision6. Direction for reconsideration by Regional Passport Officer7. Disposal of writ application with specific directionsSeizure of Passport by Customs Authorities:The petitioner's passport was seized by Customs authorities when he was intercepted at the airport upon returning from Hong Kong. The interception led to the recovery and seizure of undeclared goods, resulting in the confiscation of the passport.Rejection of Passport Release Application:After being released on bail, the petitioner sought the release of his passport from the Customs authorities, but the request was denied. The Chief Judicial Magistrate, Barasat, also rejected an application for the release of the passport.Revisional Application under Section 482:Following the rejection of the application, the petitioner filed a revisional application under Section 482 of the Criminal Procedure Code. The revisional application was disposed of by the Court, directing the Customs Department to file an application for impounding the passport.Impounding of Passport by Regional Passport Officer:The Regional Passport Officer issued a show cause notice to the petitioner regarding the impounding of his passport. Subsequently, a decision was made to impound the passport under the Passport Act, 1967, based on non-speaking order, leading to the petitioner challenging the decision.Legality of Impounding Decision:The Court found the decision to impound the passport unsustainable due to it being a non-speaking order, lacking consideration of the petitioner's contentions. Despite the petitioner's involvement in undeclared goods, the Court was not inclined to direct the return of the passport.Direction for Reconsideration by Regional Passport Officer:The Court directed the Regional Passport Officer to reevaluate the matter, ensuring a reasonable opportunity for all concerned parties to be heard. The Customs Officer was instructed to hand over the passport to the Regional Passport Officer for safekeeping until a new decision was made.Disposal of Writ Application with Specific Directions:The writ application was disposed of with the above directions, emphasizing the need for a speaking order in the reconsideration process. The Regional Passport Officer was urged to expedite the decision-making process within 30 days from the date of the Court's communication.