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Issues involved: Alleged action of Customs Authorities in withholding passport, legality of such action under Customs Act and Passports Act.
Details of the judgment: Issue 1: Alleged action of Customs Authorities in withholding passport The petitioner's passport was withheld by Customs Authorities after an incident involving the discovery of vaccines and injections in the petitioner's baggage. The petitioner was arrested under Section 104 of the Customs Act, 1962, and remanded to jail custody. Despite repeated requests, the passport was not returned to the petitioner. The Customs Authorities claimed the right to withhold the passport, but there was no provision under the Customs Act, 1962 allowing such action. Issue 2: Legality of withholding passport under Passports Act The Passports Act, 1967 governs passports and allows impoundment or revocation if criminal proceedings are pending. The Supreme Court in Suresh Nanda vs. CBI clarified that the Passport Authority has the power to impound passports under the Act. The Court held that the Customs Authorities had no jurisdiction to retain the petitioner's passport and ordered its return within 30 days. The Customs Authorities were advised to approach the passport authorities under Section 10 of the Passports Act, 1967 if necessary. Significant legal references: - Suresh Nanda vs. CBI highlighted the distinction between the Passports Act and general provisions like Section 104 of the Criminal Procedure Code regarding passport impoundment. - Avinash Bhosale vs. Union of India emphasized that the Passports Act is a complete code for dealing with passport impoundment, and executive authorities cannot impound passports under other Acts like the Income-tax Act. The judgment concluded by directing the return of the petitioner's passport and reminding the petitioner to comply with bail conditions. The writ application was disposed of, allowing for the issuance of an urgent certified copy of the order to the parties upon request.
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