Passport withholding requires statutory authority and prescribed procedure; mere police intimation or suspicion is insufficient.

A passport authority cannot withhold or detain a passport merely on the basis of police intimation or alleged past association when no action has been taken under the Passports Act, 1967. Adverse action affecting a passport must be supported by statutory power and taken only in the manner authorised by law, with the prescribed procedure followed. On that basis, the withholding of the passport was held unjustified and the petitioner was entitled to return of the passport.

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Issues: Whether the passport authority was justified in withholding the petitioner's passport without taking action in accordance with Section 10(1) of the Passports Act, 1967.

Analysis: The passport could not be withheld merely on the basis of police intimation or past alleged association, when no further action had been taken under Section 10 of the Passports Act, 1967. The authority had not shown any legal provision enabling detention of the passport on mere suspicion, and any adverse action affecting the passport had to be taken only in the manner authorised by law and after following the prescribed procedure.

Conclusion: The withholding of the passport was not justified and the petitioner was entitled to return of the passport. The issue is decided in favour of the petitioner.

Ratio Decidendi: A passport cannot be withheld or detained by the authority unless supported by statutory power and action taken in accordance with the procedure prescribed under the governing law.

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