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2017 (8) TMI 1027 - HC - CustomsPermission to leave India - Smuggling - Gold - Baggage Rules - Held that - for the purpose of employment, the applicant should be permitted to leave India. He is likely to lose his job - the condition imposed by the Court of learned Additional Chief Metropolitan Magistrate, Ahmedabad, vide order dated 8-8-2015, directing the applicant not to leave the country is hereby suspended for a period of six months. The Customs Authorities are directed to hand over the passport to the applicant at the earliest - decided in favor of applicant.
Issues:
1. Application for release of passport and permission to leave the country for employment. 2. Suspension of the condition imposed by the lower court. 3. Directions regarding handing over the passport and return conditions. Analysis: 1. The applicant, upon arrival at the airport, was detained for possession of gold, arrested, and released on bail with a condition to surrender his passport. The Customs Department lodged a complaint under the Customs Act. The applicant, serving as a Welder in Saudi Arabia, requested the return of his passport for six months to avoid losing his job due to inability to reach Saudi Arabia on time. 2. The High Court, after hearing both parties, decided that the applicant should be allowed to leave India for employment purposes to prevent job loss. The condition imposed by the lower court restricting the applicant from leaving the country was suspended for six months. The Customs Authorities were directed to return the passport to the applicant with necessary employment details provided. The applicant was required to return within six months and submit a personal bond of ?25,000 to the Trial Court. 3. The Court directed the Customs Authorities to hand over the passport to the applicant, who must provide employment details and return the passport upon re-entry to India. The applicant was instructed to furnish a personal bond and comply with all conditions set by the Court. The application was disposed of with the rule made absolute to the specified extent, allowing direct service. The main matter was scheduled for the returnable date.
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