TaxTMI 
TaxTMI 
2017 (2) TMI 710
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....), Ludhiana, initiated an investigation alleging that he is involved in the export of sanders wood. Resultantly, he was arrested for alleged to have committed offence under Section 135 of the Customs Act, 1962 and in these proceedings on 24.07.2013, the Customs Authority had taken into possession passport of the petitioner, apart from PAN Card, driving licence and other documents. He further submits that on 23.12.2013, the officer of the Customs returned the passport to the petitioner as he was released on bail, being the alleged offence a bailable one. However, the Passport Authority vide notice dated 20.05.2014 directed the petitioner to surrender the passport within 7 days and given show cause notice regarding impounding of the same. The aforementioned order was on the basis of the notice/letter received by the Passport Authority from the office of Deputy Commissioner (Anti Smuggling Unit), Ludhiana. The petitioner stated to have responded the same vide reply dated 09.06.2014 by contesting the show cause but during the pendency of the show cause notice, it has been informed that the passport was impounded on 03.06.2014. The petitioner was constrained to file a writ peti....
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....3 of Section 10 would apply only by the Passport Authority to impound the petitioner's passport, if it is in the interest of sovereignty and integrity of India, the security of India, friendly relations of India with any foreign country, or in the interests of general public. However, the annexures annexed with reply particularly Annexures R-2/1 and R-2/2 give different versions whereas as per Annexure R-2/1 dated 05.05.2014, the apprehension indicated by the Customs Authority to the Passport Authority was that there is every likelihood/apprehension of petitioner having indulged into the alleged smuggling of Red Sanders Wood. However, as per Annexure R-2/2 dated 05.04.2016, it has been intimated by the Customs Authority to the Passport Authority that the complaint under Section 135 and 135A of the Customs Act, 1962 is stated to have been filed and the petitioner is evading service. The relevant portion of the same reads as under:- "3. Further, prosecution under Section 135 and 135A of the Customs Act, 1962 against Shri Sinder Pal, Shri Sukhjinder Singh and Shri Parminder Singh has been launched in the Hon'ble Court of Shri Ranjiv Kumar, CJM, Ludhiana on 06.12.2014 (Compl....
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....ise the objection as and when any application is moved seeking permission of the Court to go abroad where the complaint, aforementioned, is stated to be pending but the Passport Authority cannot withhold the passport as it is in violation of Article 21 of the Constitution, much less, conditions of the Passport Act. Reference has also been made to the judgment rendered by this Court in Hitesh Kapoor and another Vs. Union of India and others 2012 (4) RCR (Civil) 135 and Tarsem Singh Vs. Union of India and others passed in CWP No.8902 of 2012 on 15.01.2014. He further submits that even the argument of the Passport Authority with regard to alleged suspicion and apprehension has been rejected by the Bombay High Court in Mirza Afzal Baig Vs. Regional Passport Officer, Thane 2005(1) Bom. C.R (Cri) 110 and in this regard, reference has been made to para 5 and 6 which reads as under:- "5. Perusal of the affidavits-in-reply filed by the respondents as well as upon hearing the learned Advocates, it is evident that apart from issuing the letter dated 19.9.2003 for surrender of the passport, no further action in terms of Section 10 of the said Act has been taken by the authorities in r....
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....extracted above by the Hon'ble Supreme Court in Satwant Singh Sawhney's case and Suresh Nanda's case (supra), this Court is made to believe that withholding of the passport has been held to be a violation of Article 21 of the Constitution. Being a special law, it is only in the domain of the Passport Authority to impound the passport but there has to be basis and reasons. Mr. Aggarwal during the course of arguments also drawn attention of the Court to paragraph 18 of the writ petition where there has been a categoric averment that as per the information obtained under the RTI Act vide Annexure P-6, similarly situated person involved in the commission of offence under Section 135 of the Customs Act, 1962 have not been released for three days, despite being the bailable offence and thereafter, a habeas corpus was filed before this Court. This Court marked an enquiry to the concerned Sessions Judge in this regard and the Sessions Judge vide his report dated 10.12.2014 found two customs officials guilty. It is the aforementioned mens rea and disgruntlement/prejudice which is the fall out of incorrect information being passed on to the Passport Authority. In fact, the inf....