Legal Question in Family Law in India
------ need urgent help--------------------
Hi, I am an NRI and living in abroad since 4 years. I am working in abroad on work permit. I am still Indian citizen. The passport office impounded my passport 3 months ago based on pending NBW and criminal proceedings pending against me in Indian court . passport office sent show cause notice to my indian address before impounding my passport. As I am not living in India , the show cause notice were returned to passport office saying that person not found at that address. So the notice was not served to me.Passport office does not know my Abroad address. I came to know about the impounding order recently through some source. But the passport office has already impounded my passport. In this case,
1) How the passport office impound my passport with out serving show cause notice to me?
2) can the passport says that they already sent the notice to my Indian address .but it was returned to them and passport office do not know my abroad address. So they impounded my passport?
3) Even if the notice is not served, can passport office has the right to impound the passport?
4) when the notice is un served, in what way the passport office proceeds to impound the passport? ( suppose the passport can not find the person's address in abroad also, in this case, passport office publish the show cause notice in news papers?)
I have already approached 2 lawyers regarding this. But no one clear my doubts.
Pls Pls help me. Thanks in advance.
5 Answers from Attorneys
Service on your last known address is sufficient service in law. It is your duty to inform the authorities of change in address, if any. In case of temporary absence from permanent address, you are required to make appropriate arrangements to receive your mail.
therefore, there the impounding order does not suffer for lack of any infirmity like service of a valid show cause notice.
There may not be any legal basis to challenge the impounding order. You can play hide and seek; If you will go to the court challenging this order, you will have to disclose your whereabouts. In that situation, the court may first serve the NBW upon you asking you to surrender in response to the warrants of arrest. Your very purpose of challenging the order may be frustrated and you may invite more trouble; e.g. if you fail to surrender before police despite court direction, you may invite additional charge of 'contempt of court'.
The better option for you is to seek withdrawal of NBW by settling the dispute giving rise to criminal proceedings.
You have not mentioned the nature of criminal proceedings ? Sometimes, the proceedings are also compoundable by payment of fine.
1.Is there a direction from the Court issuing the NBW to passport officer?
2. If that is the case, then the impounding of passport will have to be challenged only as a lower court order.
3. The address mentioned in your passport is your permanent address and even now you are staying abroad only on work permit. So the sending of notice to your Indian permanent address is valid only.
4. You are adviced to appear before the Court and recall the NBW and then apply to the Paasport officer for appropriate reliefs.
the passport office cannot send the notice on its own on such issues and the notice was issued as per direction of the court concerned that issued NBWs. in case there is a direction of court, the passport office is not even obliged to issue show cause notice and in order to honour the order of the court, can impound the passport.
Everybody advice you well now you have to appoint an advocate in the case pending the court and after defending the case you may get your passport back but it will not be so easy.
Good luck
Regards
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