Kerala High Court Denies Passport to Narcotics Accused, Citing Public Interest and International Relations

Kerala High Court denied the issuance of a passport to Shanid @ Shani, an accused in a narcotics trafficking case, citing public interest and the potential impact on India's relations with foreign countries. Justice K. Babu emphasized that the right to travel abroad, while an integral part of personal liberty, can be restricted when it conflicts with national and international interests.
The petitioner, Shanid, was accused of trafficking narcotics to Qatar by tricking an individual into carrying drugs. He sought permission to leave India for employment in Abu Dhabi, but the Special Court rejected his application due to the severity of the charges. The petitioner challenged this decision in the Kerala High Court, arguing that denying him the passport would result in the loss of his job opportunity.
The key issue was whether an accused in an international narcotics case could be granted a passport and allowed to travel abroad, given the potential impact on public interest and international relations, as outlined in Section 6 of the Indian Passports Act, 1967.
Justice K. Babu upheld the denial, stressing the seriousness of the charges and the ongoing investigation. The Court agreed with the Public Prosecutor's argument that granting the petitioner a passport might allow him to interfere with the investigation or engage in similar crimes abroad.
"The presence of the petitioner outside India may prejudice India’s friendly relations with the concerned foreign country."
The Court further noted that the right to travel could be restricted if it conflicted with public interest, especially in cases involving grave crimes like international narcotics trafficking.
The Kerala High Court dismissed the petition, affirming that the denial of a passport in such cases was justified to safeguard public interest and international relations.
 

Date of Decision: September 24, 2024