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january 2008

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.

SURESH NANDA vs C.B.I. · Niyam