Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:39203-DB Court No. - 29 Case :- WRIT - C No. - 7849 of 2025 Petitioner :- Raja Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Arun Kumar Tripathi Counsel for Respondent :- A.S.G.I.,C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. Petitioner has a passport. A notice is issued to him on 15.4.2024, calling for his reply as to why his passport be not impounded on account of his implication is a criminal case.
Learned counsel for the petitioner points out that the only implication of petitioner in a criminal case is under Section 13 of the Gambling Act, 1867 in Case Crime No.214 of 2016 pursuant to which Case No.616 of 2022 was instituted. In this case the concerned court by imposing penalty of Rs.50/- has closed the proceedings. Thereafter no fresh criminal proceedings have been instituted or pending. It is submitted that by virtue of Section 6(2)(e) of the Passport Act, 1967 merely for imposition of penalty of Rs.50/- the passport cannot be impounded. Grievance is that despite such facts having been placed before the authorities no decision is being taken. Sri Tushar Kant, learned counsel for the passport authorities submits that the reply of the petitioner would be got examined and an appropriate decision would be taken, in accordance with law. In that view of the matter, we dispose of this petition with a direction upon the Regional Passport Officer concerned to accord consideration to petitioner's reply in respect of the show cause notice and pass an appropriate order keeping in view the provisions of Section 6(2)(e) of the Passport Act, 1967. It is made clear that unless the person concerned is convicted in an offence for a term of above two years during last five years in a case of moral turpitude the passport cannot be denied. It is otherwise not a case that the offence involves punishment of more than two years and proceedings are pending. Such factors shall be kept in mind while taking an appropriate decision within a period of four weeks, from the date of presentation of certified copy of this order.
Order Date :- 19.3.2025 RA Digitally signed by :- RAZIQ ALI High Court of Judicature at Allahabad