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2025 DAILYLAW 60331 (ALL)

SHUBH GAUTAM v. UNION OF INDIA AND 2 OTHERS

WRIC/16029/2025 · 2025-05-19

Avnish Saxena, Saurabh Dwivedi Registrar J Cpc

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Judgment text

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Neutral Citation No. - 2025:AHC:84877-DB Court No. - 39 Case :- WRIT - C No. - 16029 of 2025 Petitioner :- Shubh Gautam Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Raghav Dev Garg,Yashvi Agarwal Counsel for Respondent :- A.S.G.I.,C.S.C. Hon'ble Arindam Sinha,J. Hon'ble Avnish Saxena,J. 1. Mr. Gaurav Singh, learned advocate, holding the brief appears on behalf of petitioner and submits, his client has challenged impounding of his passport immediately on issuance of electronic mails dated 9th May, 2025, firstly, alleging omission to give suitable explanation and within 30 seconds thereafter, impounding of the passport. With reference to sub- section (5) in section 10 of Passports Act, 1967 he submits, there has been no reason disclosed for impounding. There be interference and direction for return of his client's passport. 2. Mr. Sunil Kumar Singh, learned advocate, Central Government Counsel appears on behalf of Union of India and hands up his instruction dated 18th May, 2025. He submits, petitioner has remedy of appeal and hence, the writ petition is not maintainable. 3. Without prejudice, Mr. Singh submits, show cause notice was issued as far as back on 26th October, 2023, not replied by petitioner. He reiterates, there be no interference. Mr. Gaurav Singh in reply submits, his client by letter dated 29th January, 2024 replied to said earlier show cause notice dated 26th October, 2023. 4. Petitioner says he is a high net worth taxpayer individual being a serial entrepreneur. As such, complaints have been lodged against him and hence, the criminal cases. In none of the criminal cases has charge sheet been filed. Furthermore, his client has a special child, undergoing treatment in United States of America (U.S.A.). It is imperative for his client to have his passport back. 5. Section 10 provides, inter alia, for impounding of passports. It can be done having regard to provisions in sub-section(1) of section 6. Clause (b) under section 10(3) provides, if the passport or the travel document was obtained by suppression of material information or on the basis of wrong information provided by holder of the passport, it can be impounded. 6. It appears petitioner had against him adverse police verification report. Petitioner's contention regarding the criminal cases filed is, they are based on frivolous complaints and charge sheets not yet submitted. At this stage, Mr. Gaurav Singh submits, in all the criminal cases, final report has been filed. There does not appear to be existence of any other remark indicated in the adverse police report. 7. Petitioner will communicate certified copy of this order along with final reports on the criminal cases, in which he has been mentioned as accused, to respondent no.2. Within two weeks of the communication, said respondent will verify the information tendered and return petitioner's passport or give him reasons in writing for continuing to hold on to it as impounded. 8. The writ petition is disposed of. Order Date :- 20.5.2025 Shivangi (Arindam Sinha, J.) (Avnish Saxena, J.) Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad