In ASSISTANT DIRECTOR, ENFORCEMENT DIRECTORATE vs ASHOK RAMCHANDER CHUGANI & ANR. , the Supreme Court has reiterated that only passport authority under Section 10(3) of the Passports Act, 1967 can impound passports.
The police may have power to seize a passport under Section 102 Cr.P.C. if it is permissible within the authority given under Section 102 of Cr.P.C.Thereafter the police must send it along with a letter to the passport authority clearly stating that the seized passport deserves to be impounded for one of the reasons mentioned in Section 10(3) of the Act. It is thereafter the passport authority to decide whether to impound the passport or not. Since impounding of a passport has civil consequences, the passport authority must give an opportunity of hearing to the person concerned before impounding his passport.
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