2011 (12) TMI 661

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....n of the petitioners is that as regards complaint filed by the relatives of the second petitioner through her husband, the High Court of Allahabad has issued on order of stay on further proceedings in the particular case registered against the petitioners. The grievance of the petitioner, however, is that the power to issue an order to surrender document ought to be anchored to the provisions of the Passport Act (hereinafter referred to as 'the Act') and the directions for such a surrender is contemplated under Section 10(9) of the Act. The sub Section would require to be reproduced. On the revocation of a passport or travel document under this section the holder thereof shall, without delay, surrender the passport or trave....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....n independent order requiring a surrender since the expression impounding itself contemplates a situation of seizure of a document. (Referred to P. Ramanatha Aiyar's dictionary for meaning of impounding). In this case, admittedly the passport has not been revoked and the question of directions for surrender does not arise. If the document could be impounded or revoked, the circumstances are set out through clauses (a) to (h) of the Section. Of the various clauses, clauses (e) and (h) would require to be reproduced: - (e) if proceedings in respect of an offence alleged to have been committed by the holder of the passport or travel document are pending before a criminal court in India. (h) if it is brought to the notice ....