9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2021 (6) TMI 425 - HC - CustomsSeeking grant of Regular Bail - Smuggling - Gold - Section 439 (1) (b) Cr.P.C. - HELD THAT - Section 439 (1) (b) Cr.P.C. deals with special powers of High Court or Court of Session regarding bail and that any condition imposed by a Magistrate when releasing a person on bail be set aside or modified. As stated above, the respondent-authorities have completed the investigation and filed charge sheet and the same was taken on file vide C.C.No.14 of 2020. In view of the fact that the respondent has already filed charge sheet and the same is taken on file vide C.C.No.14 of 2020, only remedy available to the petitioner is to file application under Section 451 Cr.P.C. in the said C.C. seeking interim custody of her passport before the Court below. It is relevant to note that the petitioner has not filed any application under Section 451 Cr.P.C. seeking interim custody of her passport after filing of charge sheet in C.C.No.14 of 2020. She has filed the said application under Section 451 Cr.P.C. vide Crl.MP.No.15 of 2020 at crime stage. The only recourse left to the petitioner in accordance with law is to file an application under Section 451 Cr.P.C. in C.C.No.14 of 2020 seeking interim custody of her passport - Petition dismissed.
Issues:
1. Petitioner seeking custody of passport and speaking orders from Special Judge for Economic Offences. 2. Dismissal of petitioner's application for interim custody of passport. 3. Allegations against the petitioner related to smuggling of gold. 4. Respondent opposing petitioner's request for passport custody. 5. Petitioner's need for passport due to health reasons and business obligations. 6. Petitioner's multiple petitions seeking relaxation of bail conditions and custody of passport. 7. Maintainability of petitioner's petitions under Section 439(1)(b) Cr.P.C. 8. Court's decision on petitioner's various applications regarding passport custody. Analysis: 1. The petitioner filed a petition seeking custody of her passport and speaking orders from the Special Judge for Economic Offences. The petitioner, accused in a case of gold smuggling, requested relaxation of bail conditions to travel to Dubai for eye treatment and business purposes. The respondent opposed, labeling the petitioner a habitual offender. 2. The Court dismissed the petitioner's application for interim custody of her passport citing her failure to disclose material facts previously. The petitioner's subsequent petitions seeking passport custody were also rejected by the Court on grounds of maintainability under Section 439(1)(b) Cr.P.C. 3. The allegations against the petitioner involved smuggling 11.100 kilograms of gold into India from Dubai by concealing it on her body. The Directorate of Revenue Intelligence officials seized the gold, leading to the petitioner's arrest and subsequent bail with conditions, including surrendering her passport. 4. The respondent-D.R.I. contended that the petitioner's requests for passport custody were attempts to evade legal proceedings, highlighting her previous smuggling activities and changing reasons for needing the passport. 5. The petitioner argued that she needed the passport for health treatment and business obligations related to a jewelry design and manufacturing company. The Court considered the petitioner's health condition and business requirements but emphasized the need for legal compliance. 6. The Court addressed the maintainability of the petitioner's petitions under Section 439(1)(b) Cr.P.C., emphasizing the proper legal procedures for seeking interim custody of the passport after the charge sheet was filed. 7. The Court's decision focused on upholding legal procedures and directing the petitioner to file an application under Section 451 Cr.P.C. before the lower court for interim custody of her passport. The dismissal of the criminal petition signaled the need for adherence to legal processes. 8. The judgment highlighted the importance of following due process and legal remedies, ultimately dismissing the criminal petition and directing the petitioner to pursue the appropriate legal course for passport custody.
|
