Passport retention by Customs lacks authority where the Passports Act governs impounding and revocation

Customs authorities had no independent power to withhold a passport retained during Customs Act proceedings, because impounding or revocation of passports is governed by the special scheme of the Passports Act, 1967 and the power under Section 10 vests in the passport authorities. Applying the principle that a special statute prevails on a specific subject, the continued retention of the passport was unauthorised. The passport was therefore directed to be returned within 30 days, while the Customs authorities were left at liberty to seek appropriate action from the passport authorities under the Passports Act in accordance with law.

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Issues: Whether the Customs authorities had power or jurisdiction to retain the petitioner's passport, and whether the passport had to be returned with liberty to seek action under the Passports Act, 1967.

Analysis: The passport was withheld by the Customs authorities in connection with proceedings under the Customs Act, 1962. The Passports Act, 1967 is the special statute governing impounding or revocation of passports, and the power to take such action vests in the passport authorities under Section 10. Customs law does not confer any independent authority on Customs officers to withhold a passport. The court relied on the principle that where a special law deals with a specific subject, resort must be had to that law rather than a general provision. Accordingly, the continued retention of the passport by the Customs authorities was without legal authority.

Conclusion: The Customs authorities had no power, authority, or jurisdiction to retain the passport, and the passport was directed to be returned within 30 days. Liberty was reserved to the Customs authorities to approach the passport authorities under Section 10 of the Passports Act, 1967 in accordance with law.

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