Hassan Ali Khan, Petitioner v. The Regional Passport Officer, Passport Office, Hyderabad, Respondent.

B. SUDERSHAN REDDY, J.

Passport Act (15 of 1967), Section 10 - Passport -Impounding of - Order passed without issuing notice and affording opportunity of hearing to passport holder - Illegal and arbitrary.

Constitution of India, Article 14.

Opportunity of hearing is required to be given to a passport holder before the decision to impound the passport is taken. The passport holder is entitled for a reasonable opportunity of being heard ...

The petitioner passport holder should have been put on notice as to why the passport should not be impounded in exercise of the power conferred upon the Passport Officer under the provisions of the Passport Act, 1967. No such procedure was followed.

Therefore, the Circular issued by Passport Officer declaring as if the petitioner's passport is impounded as would be non est in law.