Passport show cause notice / impound notice

Manager

Hello Sir/Madam,

I moved to US in April-2009 under L1 visa (international transfer) from Bangalore, India. I visited India in Nov-2010 and my passport along with visa got stolen (tragedy). I applied for passport at Regional Passport Office, Bangalore under tatkaal (as my permanent address is in Bangalore). I got my passport (before police verification) on 18-Nov-2010 and returned to US on 01-Dec-2010. I again visited India in 17-Jan-2013. Recently I received show-cause notice from Regional Passport Office, Bangalore (dated 09-Oct-2013) on adverse police verification report (basically police report stated "couldn't meet applicant at the mentioned address"). They have also asked to submit fresh application and state appropriate reason as to why they shouldn't take action to impound my passport under 10(3)(b) of the Passports Act 1967 and not initiate Section 12(1)(b) of the Passports Act 1967 against me.

Please advise what should I mention in response to the letter and make strong case not to impound my passport. 

Also I have to travel to India in Dec-2013. How safe will it be, will I have problem with my passport during the trip.

Early response will be highly appreciated.

 

Kind regards,

V Kumar.

 
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Advocate

You got your pass port  on 18/11/2010 (After Original Passport stolen) and returned to US on 01/12/2010 and finally you came to India on 17/01/2013. In the meantime, what happends  in India, you dont know.Show cause notice date is 09/10/2013. The reason as mentioned in the police report is" Could not meet the Applicant at the  mentioned address" .It is true and correct. 

Explanation for yours: You have a genuine explanation. When you have applied  in Tatkal, the Passport authority issued a fresh pass port, without following proper procedure. It is their duty to obtain necessary police report, before issuing a fresh passport. Here you have not committed any mistake. The mistake has done by the passport issuing authority. (2) Obviously when you are not available in India in between 01/12/2010 and 17/01/2013, there is every chance to made an endorsement by the police mentioning the above reason. 

So it is better to prepare a suitable explanation and submit the same to the Passport authority. Nothing will be done against you in this regard. 


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Manager

Thank you for the response.

So am I safe even to travel to India in Dec-2013 for one month?

In case if they finally decide to impound my passport then will they send another letter/notice to me?

 
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Advocate

Kumar,

The penalty u/s 12(1)(b) for the offence attracting the provisions of this section is Rs. 5,000/- however an offence u/s 10(3)(b) will attract impounding of passport due to suppression of fact.  Nothing to worry.  Write a detailed letter explaining the circumstances which made you not to be available in the residential address given in the application and that your absence from country during the policy enquiry was unavoidable owing to your employment requirements.  In addition you can attach the attested photo copies of the immigration stamping in the passport and your employment details to prove that absence was genuine.  You can also endorse a copy of your explanation letter to the higher official of the RPO for an information in advance.  


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My wife applied (Resident individual - normal application) for a reissue of passport for "Address change" in June-2012. We submitted all necessary document to the passport authority & in next 8-10 days we received our new passport with a changed number.

We used this passport till date for her trips abroad.

However, she received a "Show Cause Notice" from Mumbai - Worli passport ofice on 2nd april 2014 stating that the passport authority has received a "Adverse" police verification report.

Reason:- Applicant has NOT ATTENDED for verification at local police verification.

Letter further asks for explaination & show cause why action should not be taken under section 10(3)(b) & section 12(1)(b) of passport act 1967.

My wife is already following up with passport authority. However, i have a question.

She is supposed to travel out of india in a fortnight. (Holiday for 10 days).

If by any chance the issue does not get solved by then, can she travel without any haste?? OR will she have any problem in immegration??

 

Request urgent answer

Mandar

 

 
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Manager

Mandar,

My experience has been post sending my reply of show-cause-notice, it takes time for passport office to respond or act.

If you have received SCN on 02-Apr-2014, it may take a while for them to act further. But each case is specific so no one can gaurantee till what time they will wait.

Since your wife is following up, parallely prepare a suitable response and send it to passport office.

Hope this helps.

 
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Thanks Mr. Kumar, however the immediate question before me at the moment is, "can she travel abroad even if her passport is flagged with a SCN"? problem is that if she does not travel before Matt start, then her residence visa will get cancelled as then she will be out of UAE for more than 6 months.
 
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Thanks Mr. Kumar, however the immediate question before me at the moment is, "can she travel abroad even if her passport is flagged with a SCN"? problem is that if she does not travel before Matt start, then her residence visa will get cancelled as then she will be out of UAE for more than 6 months.
 
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Thanks Mr. Kumar, however the immediate question before me at the moment is, "can she travel abroad even if her passport is flagged with a SCN"? problem is that if she does not travel before Matt start, then her residence visa will get cancelled as then she will be out of UAE for more than 6 months.
 
Reply   
 

Thanks Mr. Kumar, however the immediate question before me at the moment is, "can she travel abroad even if her passport is flagged with a SCN"? problem is that if she does not travel before Matt start, then her residence visa will get cancelled as then she will be out of UAE for more than 6 months.
 
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