Impounding / revocation of passport

Hi Experts,



My passport was issued from Bhopal, Madhya Pradesh, in 2007 under Tatkal scheme. Due to some unavoidable reasons , I was not present at time of police verification. I received a show cause notice in 2008 from Passport Office to which I replied with full explanation and supporting documents. And requested Passport Office to send Verification again on the same address (attaching reply for your reference). I did not received any correspondence from Passport Office after that and also police verification did not happened.



SinceJan-2013, I am working and residing in Saudi Arabia on resident Permit.



My father has received a notice from Passport Office for Impounding/Revoking my passport at my Indian address mentioned on passport.



Kindly request you to suggest next step to resolve this matter.

According to the following, Section 10 & 11 of the India Passport Act 1967, once notified of revocation you must surrender the passport to the nearest issuing authority. Since you will not be permitted to enter or leave a country without a valid passport you should not turn it over to the Indian Consulate is Saudi Arabia, but rather return home and surrender the passport there. Section 11 deals with your right to appeal.

10. Variation, impounding and revocation of passports and
travel documents
(1) The passport authority may, having regard to the provisions of sub-section (1)
of section 6 or any notification under section 19, vary or cancel the endorsements on
a passport or travel document or may, with the previous approval of the Central
Government, vary or cancel the conditions (other than the prescribed conditions)
subject to which a passport or travel document has been issued and may, for that
purpose, require the holder of a passport or a travel document, by notice in writing,
to deliver up the passport or travel document to it within such time as may be
specified in the notice and the holder shall comply with such notice.
(2) The passport authority may, on the application of the holder of a passport or a
travel document, and with the previous approval of the Central Government also
vary or cancel the conditions (other than the prescribed conditions) of the passport
or travel document.
(3) The passport authority may impound or cause to be impounded or revoke a
passport or travel document,-
(a) if the passport authority is satisfied that the holder of the passport or travel
document is in wrongful possession thereof;
(b) if the passport or travel document was obtained by the suppression of
material information or on the basis of wrong information provided by the holder of
the passport or travel document or any other person on his behalf;
5
[Provided that if the holder of such passport obtains another passport the
passport authority shall also impound or cause to be impounded or revoke such
other passport]  (c) if the passport authority deems it necessary so to do in the interests of the
sovereignty and integrity of India, the security of India, friendly relations of India
with any foreign country, or in the interests of the general public;
(d) if the holder of the passport or travel document has, at any time after the
issue of the passport or travel document, been convicted by a court in India for any
offence involving moral turpitude and sentenced in respect thereof to imprisonment
for not less than two years;
(e) if proceedings in respect of an offence alleged to have been committed by
the holder of the passport or travel document are pending before a criminal court in
India.
(f) if any of the conditions of the passport or travel document has been
contravened;
(g) if the holder of the passport or travel document has failed to comply with a
notice under sub-section (1) requiring him to deliver up the same;
(h) if it is brought to the notice of the passport authority that a warrant or
summons for the appearance, or a warrant for the arrest, of the holder of the
passport or travel document has been issued by a court under any law for the time
being in force or if an order prohibiting the departure from India of the holder of the
passport or other travel document has been made by any such court and the
passport authority is satisfied that a warrant or summons has been so issued or an
order has been so made.
(4) The passport authority may also revoke a passport or travel document on the
application of the holder thereof.
(5) Where the passport authority makes an order varying or cancelling the
endorsements on, or varying the conditions of, a passport or travel document under
sub-section (1) or an order impounding or revoking a passport or travel document
under sub-section (3), it shall record in writing a brief statement of the reasons for
making such order and furnish to the holder of the passport or travel document on
demand a copy of the same unless in any case, the passport authority is of the
opinion that it will not be in the interests of the sovereignty and integrity of India,
the security of India. friendly relations of India with any foreign country or in the
interests of the general public to furnish such a copy.
(6) The authority to whom the passport authority is subordinate may, by order in
writing, impound or cause to be impounded or revoke a passport or travel document
on any ground on which it may be impounded or revoked by the passport authority
and the foregoing provisions of this section shall, as far as may be, apply in relation
to the impounding or revocation of a passport or travel document by such authority.
(7) A court convicting the holder of a passport or travel document of any offence
under this Act or the rules made thereunder may also revoke the passport or travel
document:  Provided that if the conviction is set aside on appeal or otherwise the revocation
shall become void.
(8) An order of revocation under sub-section (7) may also be made by an
appellate court or by the High Court when exercising its powers of revision.
(9) On the revocation of a passport or travel document under this section the
holder thereof shall, without delay, surrender the passport or travel document, if the
same has not already been impounded, to the authority by whom it has been
revoked or to such other authority as may be specified in this behalf in the order of
revocation.
11. Appeals
(1) Any person aggrieved by an order of the passport authority under clause (b)
or clause (c) of sub-section (2) of section 5 or clause (b) of the proviso to section 7
or sub-section (1), or sub-section (3) of section 10 or by an order under sub-section
(6) of section 10 of the authority to whom the passport authority is subordinate, may
prefer an appeal against that order to such authority (hereinafter referred to as the
appellate authority) and within such period as may be prescribed:
Provided that no appeal shall lie against any order made by the Central
Government.
(2) No appeal shall be admitted if it is preferred after the expiry of the period
prescribed therefor:
Provided that an appeal may be admitted after the expiry of the period prescribed
therefor if the appellant satisfies the appellate authority that he had sufficient cause
for not preferring the appeal within that period.
(3) The period prescribed for an appeal shall be computed in accordance with the
provisions of the Limitation Act, 1963, (36 of 1963) with respect to the computation
of the periods of limitation thereunder.
(4) Every appeal under this section shall be made by a petition in writing and shall
be accompanied by a copy of the statement of the reasons for the order appealed
against where such copy has been furnished to the appellant and 6
[by such fee as
may be prescribed for meeting the expenses that may be incurred in calling for
relevant records and for connected services]
(5) In disposing of an appeal, the appellate authority shall follow such procedure
as may be prescribed:
Provided that no appeal shall be disposed of unless the appellant has been given a
reasonable opportunity of representing his case.
(6) Every order of the appellate authority confirming, modifying or reversing the
order appealed against shall be final.

http://yoursmiles.org/tsmile/flag/t67118.gif  Cheers,  http://yoursmiles.org/tsmile/flag/t67054.gif
  William James Woodward – Brazil Animator, Expat-blog Team

I have heard abroad consulate can request re verification to local rpo in these kind of cases. pls can you comment..

Hi Rithesh,

Could you please let me know what has happened in your case?

I am in the same boat and my father has received a letter stating my passport has impounded and asking to surrender with immediate effect. I am afraid to go back to India and surrender the passport.

Please help !!!

try to initiate re verification from consulate. then follow up..btw in my case nothing happened from cnsulate and I went to  India for re verification.

Firstly, Thanks for your reply.

Are you the one who have started the topic in name 'riteshmaurya'?

So you mean you first tried with consulate and no progress has happened and you went to India for re-verification ?

In my case, I've been told that I've suppressed my last one year address by giving the permanent native address where my parents live. The reason for giving my permanent address is out of one year first 3 months was spent in Bangalore and rest 9 months in abroad. So with inadequate knowledge I've given that.

1. In this case my reverification will happen in Bangalore or in the permanent address ?
2. Did the immigration officers seized your passport at the airport when you return back to India?
3. How long it took for you to clear your re-verification?

I would be very grateful to you if could clarify on this please.

Thanks,
Varatha