HC: Cops can’t keep seized passports in their custody

Justice M V Muralidharan, while allowing a revision petition by Dr C Ramesh Babu, an orthopaedic surgeon, seeking return of his passport impounded by the police in connection with a criminal case, said immediately after the seizure of the passport is made, the police must produce the same before the court concerned without any unreasonable delay. 

Thereafter, the court which also has no power to impound a passport, must direct the passport authority to commence the proceedings for impounding of the passport by strictly adhering to the provision envisaged under section 10(3) of the Passports Act as the same is a special enactment.

In turn, the passport authority should initiate due process to impound the passport after affording due opportunity to the passport holder as it involves right to free movement as guaranteed under the Constitution as one of the fundamental rights. Also, after considering the facts and circumstances of each case, the passport authority, by giving detailed reasons, may take a decision of either impounding the passport or not by applying its mind, Justice Muralidharan said.