2020 (11) TMI 188 - HC - Indian Laws

Imposition of penalty under Section 112 of the Customs Act, 1962 - application for release of passport - applicant has submitted that applicant is engaged in the business of shipping and therefore, he has to travel abroad - HELD THAT - It is not in dispute that earlier the applicant was also allowed to go abroad with certain conditions and there is no breach of any of the conditions committed by the applicant. Under the circumstances and looking to the facts of the case, the aforesaid conditions incorporated in the order dated 21.06.2014 are modified to the extent that the applicant shall mark his presence at every six months before DRI Office, Jamnagar. The passport of the applicant is also released for a period of two years. It is further clarified that, in case, the applicant travels abroad, he shall submit all his itinerary and all details, including the address of his stay, to the DRI office, Jamnagar, before traveling - Application allowed.

Summary

Issues:
1. Application for quashing and setting aside an order.
2. Deletion or suspension of specific conditions in a previous order.

Analysis:
1. The applicant filed an application seeking the quashing and setting aside of an order passed by the Additional Sessions Judge. The applicant specifically requested the deletion or suspension of conditions 3 and 4 from a previous order dated 21.06.2014. These conditions required the surrender of the passport in court and marking presence before the DRI office monthly.

2. The applicant's advocate argued that the conditions were crucial for the application's adjudication. The applicant had complied with the terms of the order by surrendering the passport and marking regular presence. Attempts were made to modify these conditions in subsequent applications, with some temporary relief granted.

3. The applicant, engaged in the shipping business, needed to travel abroad. An application was made to alter the conditions due to passport renewal. The Sessions Judge released the passport for six months and dispensed with personal presence before the DRI office, Jamnagar.

4. The opposing advocate contended that the conditions should not be deleted or modified until the applicant paid a penalty imposed under the Customs Act, 1962. However, the court noted that there was no breach of conditions by the applicant previously.

5. After hearing arguments from both sides, the court modified the conditions. The applicant was required to mark his presence at the DRI Office, Jamnagar every six months. The passport was released for two years, with a condition to submit travel details before going abroad.

6. In conclusion, the court granted the application to the extent of modifying the conditions as stated. The rule was made absolute based on the circumstances and facts of the case.