2011 (6) TMI 58 - HC - Customs

Fake and fictitious Indian currency - It is true that the petitioner is a holder of Pakistani Passport but she got married in India in the year 1989 and has applied for Indian Citizenship - It is also true that the offences alleged to have been committed by the petitioner are serious in nature and have direct effect on the economy of the Nation - Held that she can not be incarcerated for an indefinite period - Her husband and children shall also not be permitted to visit Pakistan till the conclusion of the trial - The petitioner shall be released on bail.

Summary

Issues:
Enlargement on regular bail sought by the petitioner in a case involving allegations under Sections 489-B and 489-C IPC and Sections 11, 77, and 135 of the Customs Act for bringing fake Indian currency from Pakistan.

Analysis:
The judgment delivered by Mr. Justice Surya Kant of the Punjab and Haryana High Court pertains to the petitioner's plea for regular bail in a case where she was accused by Customs Authorities of bringing fake and fictitious Indian currency amounting to &8377; 4.5 lacs from Pakistan. The petitioner, a holder of a Pakistani Passport who got married in India in 1989 and applied for Indian Citizenship, was apprehended while traveling on the Samjhota express on 18.03.2010. Despite the serious nature of the alleged offenses with a direct impact on the nation's economy, the court noted that the charges had not been framed yet, indicating a prolonged trial process. The petitioner, a mother of eight children, most of whom are minors, had been in custody for over a year and three months.

The court acknowledged the gravity of the offenses and the petitioner's questionable antecedents, raising concerns about the possibility of future similar offenses. However, considering the petitioner's status as a woman and the impact of her continued incarceration on her minor children, especially those in tender age, the court concluded that indefinite detention was not justified. Balancing these factors, the court allowed the petition and directed the petitioner's release on regular bail with specific conditions to ensure her availability during the trial.

The conditions imposed for the petitioner's bail included retaining her original passport until the trial's conclusion, prohibiting her from visiting Pakistan, restricting her husband and children from visiting Pakistan, and requiring her to furnish heavy bail bonds with two sureties of a specified amount, backed by immovable property valued at least &8377; 10 lacs to the satisfaction of the Chief Judicial Magistrate, Amritsar. The judgment emphasized the need to balance the interests of justice, the rights of the petitioner, and the welfare of her minor children while ensuring compliance with the legal process. The case was disposed of with the directions provided for the petitioner's release on bail.