A petition has been filed in the Supreme Court challenging the arbitrary manner in which the passport of a British citizen has been seized by the customs authority..In a petition drawn by Advocates Renjith B Marar and Vasudha Gupta and filed by advocate Lakshmi N Kaimal, the petitioner, one Dipak Bajaj has also raised an interesting legal issue – that of absence of any law in India regarding treatment of a foreign passport..The cause of action, in the instant case arose when the petitioner was stopped at Sonauli by the Sashtra Seema Bal while returning from Nepal. During the course of personal checking, 4320 grams of gold totally valued at Rs. 1,09,12,590/- was found with the petitioner..The petitioner was then arrested under section 104 of the Customs Act on the charge of smuggling of foreign origin gold and a penalty of Rs. Rs.25,00,000/- under section 112 of the Customs Act, 1962 was imposed on the petitioner by the Office of Customs commissioner, Lucknow which was honoured by the petitioner..The petitioner has submitted that the Customs Authority seized the passport of the petitioner without serving a notice to him and thereby abused the due process of law..Aggrieved by the act of the Customs Authority, the petitioner approached the Varanasi trial court seeking release of passport, which was disallowed. The petitioner then approached the Patna High Court unsuccessfully and all his efforts to get his passport back, failed..The prayer of the petitioner was denied on the ground that since the petitioner is a foreign national, if he is allowed to go outside India, his presence could not be ensured in future during the trial..This prompted the petitioner to approach the Supreme Court..The petitioner has contended that the Indian authorities such as Customs Authorities as well as the Passport Authority under the Passport Act, 1967 are not entitled by law to seize or impound a foreign passport..“The Petitioner seeks to challenge the seizure of his passport before this Hon’ble Court on the basis that he is a foreign passport holder and the Indian authorities such as Customs Authorities as well as the Passport Authority under the Passport Act, 1967 are not entitled by law to seize or impound a foreign passport.” .It is the petitioner’s case that due to the absence of law relating to treatment of foreign passport in India, the seizure of petitioner’s passport is violative of Article 21 of the Constitution..“The present Writ Petition raises a substantial question of law before this Hon’ble Court in as much as the treatment of a foreign passport is absent from the Indian law at present, in case the foreign passport holder commits a crime on Indian soil. Indian law is silent on the treatment of foreign passport in case the foreign passport holder commits a crime. Therefore, the seizure of Petitioner’s foreign passport is without the authority of law and hence Article 21 is violated.”.The petitioner has contended that ‘passport’ means a passport issued under the Passports Act, 1967 and the petitioner’s passport does not fall into this category as it is a passport issued by the British Government..“Therefore, even the Passport Authority under the Passports Act, 1967 cannot seize the foreign passport of the Petitioner. Hence, at present there is no law governing the treatment of foreign passports under Indian law.”.The petitioner has, therefore submitted that the Passport Authority or the Customs Authority, do not have the power to impound a foreign passport..“..it can be concluded that the Customs Authority and the Court lack the power to impound a passport. Only the Passport Authority established under the Passports Act, 1967 could impound a passport. However, after a reading of Section 2(b) of the Passports Act, 1967 along with Section 10(3) it can be concluded that even the Passport Authority can impound only an Indian Passport..In our humble submission, the Passport Authority also lacks the jurisdiction to impound a foreign passport. In view of this predicament, it is submitted before this Hon’ble Court that the question relating to impounding or seizing of a foreign passport has not been dealt with under Indian law.”.Based on the above, the petition prays that a writ of mandamus be issued declaring that the Union of India and the Customs authority have no power to hold back the passport of any foreign national and contends that such a seizure amounts to violation of Article 14, 19 and 21 of the Constitution..Read the petition below..Image taken from here.
A petition has been filed in the Supreme Court challenging the arbitrary manner in which the passport of a British citizen has been seized by the customs authority..In a petition drawn by Advocates Renjith B Marar and Vasudha Gupta and filed by advocate Lakshmi N Kaimal, the petitioner, one Dipak Bajaj has also raised an interesting legal issue – that of absence of any law in India regarding treatment of a foreign passport..The cause of action, in the instant case arose when the petitioner was stopped at Sonauli by the Sashtra Seema Bal while returning from Nepal. During the course of personal checking, 4320 grams of gold totally valued at Rs. 1,09,12,590/- was found with the petitioner..The petitioner was then arrested under section 104 of the Customs Act on the charge of smuggling of foreign origin gold and a penalty of Rs. Rs.25,00,000/- under section 112 of the Customs Act, 1962 was imposed on the petitioner by the Office of Customs commissioner, Lucknow which was honoured by the petitioner..The petitioner has submitted that the Customs Authority seized the passport of the petitioner without serving a notice to him and thereby abused the due process of law..Aggrieved by the act of the Customs Authority, the petitioner approached the Varanasi trial court seeking release of passport, which was disallowed. The petitioner then approached the Patna High Court unsuccessfully and all his efforts to get his passport back, failed..The prayer of the petitioner was denied on the ground that since the petitioner is a foreign national, if he is allowed to go outside India, his presence could not be ensured in future during the trial..This prompted the petitioner to approach the Supreme Court..The petitioner has contended that the Indian authorities such as Customs Authorities as well as the Passport Authority under the Passport Act, 1967 are not entitled by law to seize or impound a foreign passport..“The Petitioner seeks to challenge the seizure of his passport before this Hon’ble Court on the basis that he is a foreign passport holder and the Indian authorities such as Customs Authorities as well as the Passport Authority under the Passport Act, 1967 are not entitled by law to seize or impound a foreign passport.” .It is the petitioner’s case that due to the absence of law relating to treatment of foreign passport in India, the seizure of petitioner’s passport is violative of Article 21 of the Constitution..“The present Writ Petition raises a substantial question of law before this Hon’ble Court in as much as the treatment of a foreign passport is absent from the Indian law at present, in case the foreign passport holder commits a crime on Indian soil. Indian law is silent on the treatment of foreign passport in case the foreign passport holder commits a crime. Therefore, the seizure of Petitioner’s foreign passport is without the authority of law and hence Article 21 is violated.”.The petitioner has contended that ‘passport’ means a passport issued under the Passports Act, 1967 and the petitioner’s passport does not fall into this category as it is a passport issued by the British Government..“Therefore, even the Passport Authority under the Passports Act, 1967 cannot seize the foreign passport of the Petitioner. Hence, at present there is no law governing the treatment of foreign passports under Indian law.”.The petitioner has, therefore submitted that the Passport Authority or the Customs Authority, do not have the power to impound a foreign passport..“..it can be concluded that the Customs Authority and the Court lack the power to impound a passport. Only the Passport Authority established under the Passports Act, 1967 could impound a passport. However, after a reading of Section 2(b) of the Passports Act, 1967 along with Section 10(3) it can be concluded that even the Passport Authority can impound only an Indian Passport..In our humble submission, the Passport Authority also lacks the jurisdiction to impound a foreign passport. In view of this predicament, it is submitted before this Hon’ble Court that the question relating to impounding or seizing of a foreign passport has not been dealt with under Indian law.”.Based on the above, the petition prays that a writ of mandamus be issued declaring that the Union of India and the Customs authority have no power to hold back the passport of any foreign national and contends that such a seizure amounts to violation of Article 14, 19 and 21 of the Constitution..Read the petition below..Image taken from here.
