Supreme Court of India · 2008-01-24
SURESH NANDA vs C.B.I.
- Citation / case number
- SC 2007/12924
- Court
- Supreme Court of India
- Petitioner
- SURESH NANDA
- Respondent
- C.B.I.
- Author
- MARKANDEY KATJU P.P. NAOLEKAR
- Bench
- MARKANDEY KATJU P.P. NAOLEKAR
Judgment text excerpt
The Supreme Court held that the impounding of a passport must comply with the provisions of the Passports Act, 1967, specifically under Section 10(3)(e) which allows impounding only if criminal proceedings are pending. The Court reiterated that under Article 21 of the Constitution, the right to travel abroad is a fundamental right that cannot be infringed without due process of law. The High Court's order denying the release of the appellant's passport was set aside, allowing the appellant to travel abroad subject to conditions imposed by the Special Judge.