Passport impounding requires natural justice even when statutory grounds exist; conviction alone does not dispense with a fair hearing.

Passport impounding under the Passports Act can be based on a conviction for offences involving moral turpitude with a sentence of at least two years, and suspension of sentence does not erase the conviction. However, because impounding affects the right to travel and has serious civil consequences, the authority must comply with audi alteram partem. Here, the order was made on a third-party request without giving the passport holder notice or a hearing, so it was contrary to natural justice and unsustainable. The impounding order was set aside, and the authority was left free to reconsider the matter after hearing the petitioner.

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Issues: Whether the passport could be impounded under Section 10(3)(d) of the Passports Act, 1967 on the basis of the petitioner's conviction, and whether the impugned order was invalid for want of notice and hearing.

Analysis: The power under Section 10(3)(d) was held to be attracted because a conviction for offences involving moral turpitude coupled with a sentence of not less than two years was sufficient, and suspension of the sentence did not wipe out the conviction. At the same time, the impounding of a passport affects the constitutional right to travel and carries adverse civil consequences, so the rule of audi alteram partem applies. Since the impugned order was passed on the CBI's request without affording the petitioner an opportunity to be heard, it was held to be contrary to natural justice and therefore unsustainable.

Conclusion: The impounding order was invalid for breach of natural justice and was set aside, while the authority was directed to hear the petitioner and take a fresh decision in accordance with law.

Final Conclusion: The passport authority's action could not stand as made, but the statutory power to consider impounding remained open after giving the petitioner a fair hearing.

Ratio Decidendi: Even where the statutory grounds for impounding a passport exist, the decision must comply with audi alteram partem because passport impounding entails serious civil consequences and impairs the right to travel abroad.

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