Passport impounding and look out circular require lawful authority, notice, and statutory procedure before civil consequences follow.

A look out circular and impounding of a passport were unsustainable where no prior notice was given and the statutory procedure under the Passports Act was not followed. The Court applied the settled distinction between seizure and impounding, holding that a passport can be impounded only by the competent Passport Authority in accordance with law. Because the record did not show the petitioner was an absconding offender or otherwise within the ordinary categories for a lookout circular, and the action had civil consequences, the measures were quashed and the passport was directed to be returned subject to conditions ensuring cooperation with the enquiry.

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Issues: Whether the look out circular and impounding of the petitioner's passport, without prior notice and without recourse to the statutory procedure under the passport law, were sustainable.

Analysis: The petitioner had appeared for enquiry on earlier occasions and the record did not show that he was an absconding offender or fell within the categories for whom a look out circular is ordinarily issued. The passport had been retained without following the procedure under the Passports Act, and the impugned action had civil consequences. The Court applied the settled distinction between seizure and impounding and held that impounding of a passport can be done only by the Passport Authority in accordance with law. The absence of prior notice and the failure to proceed under the appropriate statutory mechanism rendered the impugned measures unsustainable.

Conclusion: The look out circular and the order impounding the passport were quashed, and the respondents were directed to return the passport to the petitioner, subject to conditions ensuring cooperation with the enquiry.

Ratio Decidendi: A passport cannot be impounded except by the competent authority under the Passports Act in accordance with law, and a look out circular having serious civil consequences cannot be sustained when issued arbitrarily without notice or lawful basis.

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