Passport – Pendency of case registered under Section 15 of the NDPS Act.

The petitioner applied to the Additional Sessions Judge for permission to apply for a fresh passport since he is facing trial in FIR No.89 of 12.5.2022 for offence under Section 15 of the NDPS Act.  

The Court granted permission in view of the Circular dated 21.8.2014 of the Ministry of External Affairs.

However, the Regional Passport Office directed the petitioner to obtain fresh permission from the trial Court explicitly allowing him to “depart from India” in accordance with the Notification dated 25.8.1993 which provides exemption from the operation of Section 6(2)(f) of the Passports Act.

HELD that mere pendency of criminal case cannot be the ground to deny passport to an applicant since right to personal liberty not only includes right to travel abroad but also right to possess or hold a passport.  As held by the Supreme Court in Vangala Kasturi case (2020 Cri LJ (SC) 572), even a person convicted of a crime is entitled to seek passport.  Moreover, the petitioner had given undertaking that the passport shall remain in the custody of the trial Court during pendency of trial and in the event of travel abroad, the petitioner will be bound to get prior permission from the trial Court and will be bound to return to India to rejoin his trial.

 Judgment dated 20.5.2025 of the High Court of Punjab and Harayana in CWP-14561-2025 (O&M) of Kuldeep Singh  Vs.  Union of India and others