Case BriefsHigh Courts

Delhi High Court: Vibhu Bhakru, J., set aside an order whereby the petitioner’s passport was impounded and gave him liberty to travel abroad subject to compliance with the conditions imposed.

The petitioner was facing criminal charges under Section 120-B read with Section 420 IPC along with Section 13(2) and 13(1)(d) of the Prevention of Corruption Act, 1988. A charge-sheet was filed by the CBI and cognizance was taken by the Special Judge, after which the petitioner applied for regular bail. The bail was granted and the petitioner was called upon to surrender his passport to the Court concerned. Complying with the same, the petitioner deposited his passport with the Special Judge. Subsequently, he filed an application to travel abroad which was allowed subject to conditions imposed. Meanwhile, the Regional Passport Officer, vide the impugned order, impounded his passport under Section 10(3)(e) of the Passports Act, 1967. The petitioner preferred an appeal under Section 11 against the said order, however, it was dismissed by Chief Passport Officer. Aggrieved thereby, the petitioner filed the present petition.

After discussing its earlier decision in Manish Kumar Mittal v. Chief Passport Officer, 2013 SCC OnLine Del 3007, the High Court was of the view that: in the given facts of the present case, impounding the passport is not warranted considering that the petitioner had already been called upon to deposit the same with the concerned Court. Further, the permission has already been granted  to the petitioner to travel overseas.” In such a view, the Court set aside the order whereby the petitioner’s passport was impounded. He was given liberty to travel abroad, subject to compliance with the conditions imposed.[Vinod Kumar Asthana v. Chief Passport Officer, 2019 SCC OnLine Del 8138, dated 16-04-2019]