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Bikash (Consultant)     31 March 2011

Passport Impounded Mumbai Airport wrong DOB

My sister works in Dubai as F&B coordinator.  She was travelling to Dubai last month when her passport was impounded by Immigration officer at Mumbai airport.  They said they need to verify her age because her age has been modified on the obervation page.  

After over a month of her calling the airport and passport office, finally she received a call from the airport that come & colllect your passport.  When she reached there, they escorted her to the police station and filed a case 465, 468, 471 & 420 against her.   They told her that her age on the passport's main page is correct but the DOB on observation page has no record of it in the passport office.  She wasn't even aware of the observation page.

The only thing we remember is that, at the age of 20, she had travelled to Dubai to see me.  I was trying to arrange an employment for her.  As she was not 21, our parents probably used an agent to increase her age.  Our parents are deceased now and we don't even know as to which agent they used.

Once her passport was impounded, we send letters to possport office and explained the situation.  Everyone told us, everything is fine, all she has to do is to pay the fine and they will correct the passport or issue her a new passport.   Instead Immigration CSI at airport filed a case.  She has been in the police station for 5 days and finally got out on bail.   We are embarrased and humiliated because of all this and now she is about to loose her job in Dubai. 

Since she is out on bail, lawyer is saying it may take up to 3 months to get her passport back.  Her pasport is with police. She is a single mother, her job and life is on stake.  The lawyer was arranged by the police, they all want $.

My question is: is there a way that she can get out of this ordeal soon?  How can she get her passport back? How her name can be cleared from immigration? how long will it take?  Can you recommend a good lawyer?  I would really appreciate your help on this.



 7 Replies

Shantibhushan (Advocate)     01 April 2011

You can directly file a writ petition before high court for quashing the complaint.

Bikash (Consultant)     05 April 2011

Thanks Shantibhushan,  her case is in Metropolitan court.  Are you sure she can file in high court?

Om Prakash Dhusia (HR assistant)     24 April 2011

Dear Bikash, pls remember that the writ petition can be filed in the High Court of respective state where the criminal or court proceedings are initiated. Since your case belong to Mumbai CSI airport you can file Writ at Mumbai High Court.


Bikash (Consultant)     20 June 2011

Thank you all for your responses.  Its been 2 months since my last post. Our lawyer told us that she will get the passport back last month. On the day of hearing, we found out that the Judge has been changed.  He got us a new date for early this month.  On the day of hearing, we found out the judge is sick.  Than there was another hearing yesterday, judge said that he need records directly from the Passport office, he will not accept any record from police station.  We are back to where we started. 

Now our lawyer is saying to file a Writ petition in the high court.  He also recommended a high court lawyer.  But we don't want to use his friend. 

Can you please please please recommend a good high court lawyer.



Om Prakash Dhusia (HR assistant)     25 June 2011

I dont understand as to for what you wanted to file a WRIT in the High Court? Your case is already in the trial court and it has yet to decide but due to snail paced attitude it is taking longer time as usual in India. You can only file a writ to EXPEDITE THE MATTER but it won't help you either and who ever is suggesting you to file a WRIT, kindly ask him the reason to do so because WRIT is not like asking for the bottled water instead of common tap water.


patel (non)     06 September 2014

Did u get ur passpork back?

patel (non)     06 September 2014

Did u get ur passpork back?

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