IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 3RD AUGUST 2011 / 12TH SRAVANA 1933 WP(C).No. 19371 of 2011(V) ---------------------------------------- PETITIONER(S): ------------------------ KALLUVETTI KUZHIYIL AYOOB KHAN, S/O. MOHAMMED, KALLUVETTI KUZHIYIL HOUSE, P.O.EDAVANNA, CHEMBAKUTH, NILAMBUR, MALAPPURAM DISTRICT, PIN-676 541. BY ADV. SRI.K.M.SATHYANATHA MENON RESPONDENT(S): -------------------------- 1. THE IMMIGRATION OFFICER, CALICUT AIRPORT, KOZHIKODE-673 001. 2. THE SUPERINTENDENT OF POLICE, IMMIGRATION WING, CALICUT AIRPORT, KOZHIKODE-673 001. 3. THE PASSPORT OFFICER, PASSPORT OFFICE, MALAPPURAM-676 505. 4. THE SUB INSPECTOR OF POLICE, NILAMBUR, MALAPPURAM DISTRICT, PIN-679 329. 5. THE SUPERINTENDENT OF POLICE, MALAPPURAM-679 329. R3 BY ADV. SRI.P.PARAMESWARAN NAIR,ASG OF INDIA R2, R4 & R5 BY GOVERNMENT PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.19371/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE PASSPORT OF THE PETITIONER ISSUED BY THE 3RD RESPONDENT DATED P2 COPY OF THE SEIZURE FORM DATED 27/5/2011 ISSUED BY THE 1ST RESPONDENT. RESPONDENT'S ANNEXURES: R3(A) COPY OF THE POLICE VERIFICATION REPORT DATED 20/3/2010. /TRUE COPY/ P.S.TO.JUDGE sts ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 19371 OF 2011 ----------------------------------------------------- Dated this the 3rd day of August , 2011 J U D G M E N T Petitioner is an Indian citizen holding passport bearing No.H5295259 and is working in Dubai as a sales Executive. According to the petitioner when he came to India on 27.5.2011 his passport was seized by the respondents and Ext.P2 is the seizure form. As a result, petitioner is prevented from travelling abroad and that made him file this writ petition for getting the passport released. 2. On behalf of the 3rd respondent, a statement has been filed. Along with the statement Annexure Ext.R3(a), a communication received from the Superintendent of Police, Malappuram has also been annexed. This communication discloses that according to the police, petitioner is an accused in Crime Nos.354/05, 161/08, 331/08, 708/08 and W.P.(C) No. 19371 OF 2011 :2 : 515/09 of Nilambur Police Station, which is under the jurisdiction of the Judicial First Class Magistrate, Nilambur. It is stated in Annexure R3(a) that since he is an accused in the aforesaid criminal cases, the police authorities do not recommend the case of the petitioner for reissue of passport. The statement shows that the petitioner was already issued a passport and that on expiry of the period thereof, subject to verification, he got it renewed. It is further stated that it was therefore that the matter was referred to police and Annexure R3(a) adverse recommendation was made. 3. Since the petitioner is an accused in the criminal cases mentioned above, the ineligibility to be issued passport as provided u/s 6(2)(f) of the Passports Act, 1967 is attracted in this case. Therefore, seizure of the passport, cannot be said to be illegal for any reason. W.P.(C) No. 19371 OF 2011 :3 : 4. Irrespective of the illegality of the seizure as aforesaid, fact remains that the Government of India, in exercise of its powers u/s 22 of the Passport Act 1967 issued notification No.G.S.R. 570(E) dated 25.8.1993 enabling the persons like the petitioner to make application to the criminal Court where the case is pending and if the Court permits, passport can be issued. This position has been clarified by this Court in the judgment in Asok Kumar v. State of Kerala (2009 (2) KLT 712). In the light of the said notification and the judgment, it is clarified that it will be open to the petitioner to take recourse to the remedy available under the notification referred to above and if he obtains a favourable order, he can approach the authority concerned and seek release of the passport. 5. Having regard to the fact that the petitioner is employed abroad and that his family is also abroad, it is W.P.(C) No. 19371 OF 2011 :4 : directed that if he makes an application before the Court where the criminal cases are pending, the Court concerned shall take a decision on the application as expeditiously as possible. The writ petition is disposed of as above. Sd/- ANTONY DOMINIC, JUDGE ul/- [true copy] P.S. to Judge