2002 (9) TMI 124 - HC - Customs

Summary

Issues:
Release of passport for travel abroad, violation of fundamental right to personal liberty under Article 21 of the Constitution of India.

Analysis:
The petitioner, on anticipatory bail, sought the release of his passport to travel abroad for business purposes. He was accused in a case related to fraudulent export activities causing revenue loss. Customs Authorities failed to file charges within the required period, leading to his release on bail. Anticipatory bail was granted later, with conditions including surrendering the passport. The petitioner requested passport release for a Dubai trip, permitted by the Sessions Judge. Customs Authorities challenged this decision through a revision petition, which was allowed by the High Court and upheld by the Supreme Court.

Fundamental Right Contention:
The petitioner's counsel argued that the restriction on foreign travel violated his fundamental right to personal liberty under Article 21 of the Constitution. Citing legal precedent, it was contended that the right to travel abroad is part of personal liberty and cannot be curtailed without due process. The lack of a hearing before impounding the passport was highlighted as a violation of the petitioner's rights.

Government's Argument:
The Senior Standing Counsel for the Union of India opposed the petitioner's travel, citing concerns about potential evasion of duty and non-return. It was suggested that permission should have been sought from the Court of Session initially. Previous refusals of travel permission and dismissal of appeals were also mentioned to support the argument against allowing the petitioner to go abroad.

Judgment:
The High Court considered the petitioner's past travel history, business interests in India, and the nature of his export-oriented business. It was noted that the petitioner had returned from previous trips and had substantial stakes in domestic enterprises. Given the legitimate business reasons for travel and the absence of evidence tampering concerns, the Court allowed the petitioner to visit Turkey and Egypt for one month. The release of the passport was ordered, subject to the petitioner furnishing a bank guarantee and surety to ensure his return after the specified period.

This comprehensive analysis of the judgment outlines the issues, legal arguments, and the Court's decision regarding the release of the passport for foreign travel and the alleged violation of the fundamental right to personal liberty.