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TMI Blog2013 (8) TMI 70X X X X Extracts X X X X X X X X Extracts X X X X ..... in connection with DRI.F No. 19/Kol/APP/20120/392 under Section 104/132/135/135A of Customs Act read with Section 193/420/471 IPC read with Section 120B IPC when the learned Judge imposed certain conditions while granting bail to the petitioner. The petitioner is a citizen of India and one of the Directors of the Company Space Matrix Pvt. Ltd. The said company is a unit in a special economic zone at Falta, West Bengal. On 4.2.12, the petitioner was arrested by Customs Officer in purported exercising power conferred under Section 104 of the Customs Act, 1962 in connection with a consignment of export made by the said company. The petitioner was arrested for commission of offence under Section 104/132/135/135A of the Customs Act read with Se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ndent. Thereafter, the petitioner filed an application under Section 439(1)(b) of the Code of Criminal Procedure assailing the condition imposed at the time of granting bail. On hearing on 7.3.12, His Lordship modified the order of bail that the petitioner would not leave the territorial jurisdiction of State of W.B. without permission of the Senior Officer of the Directorate of Revenue Officer of Calcutta. The other conditions of bail remained. The petitioner states that the offence under Customs Act being a noncognizable offence could not be investigated without the permission from the learned Magistrate. No complaint has yet been filed against the petitioner. Further, the offence under Section Customs Act has been compounded. The petitio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le no condition can be imposed regarding movement of the present petitioner as held in by the Hon'ble Supreme Court in the case of Vaman Narayan Ghiya vs. State of Rajasthan reported in 2009 (2) SCC 281. Further, personal liberty as envisaged in Art. 21 of the Constitution of India includes right to go abroad and without due process of law merely on account of unfounded apprehension of the prosecution that an accused may abscond, passport of the accused cannot be impounded nor any restriction can be put on the movement of the person in view of the authoritative pronouncement of the Hon'ble Supreme Court as held in Maneka Gandhi vs. Union of India reported in 1978 (1) SCC 248. Strongly such argument was challenged by the learned counsel for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Airport and ADMM) Customs House, 51/1, Strand Road, Calcutta-1 within 30 days from the date of receipt of the notice as to why action shall not be taken against him; and v) so far, the petitioner has not submitted any reply to show cause notice. Needless to mention that brief fact is based on specific intelligence export and import containers were intercepted and on examination it was found that the containers were loaded with junk CDs and packing boxes stuffed with foam though value of goods was declared as approximately Rs. 49.35/- crores. Further, the case of the respondent is that the amount of revenue involved was Rs. 91.40/- crores. In the meantime, i) the petitioner has come up with the prayer for modification of condition of bail ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for 7 years with fine. It has not been disputed by the respondent that the petitioner's business does not demand his movement outside India (as revealed from the petitioner's petition) and documents placed by the respondents. So, the question under Art. 21 of the Constitution of India i.e. right to life does not come into operation. The State is definitely within its domain to put restriction about freedom of movement but a balance has to be struck between 'liberty' and 'justice'. On inquiry the learned counsel for the respondent could not give any positive and acceptable answer over the question "whether custody trial is needed in such type of case". Even the respondent cannot give any clear-cut probable time during which the trial may b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and measuring 13.32 cottahs in terms of deed No. 11529 of 2012 shall not be disposed of and those properties should be free from all encumbrances; v) no prayer should be lodged presently for return of the seized materials; vi) he is permitted to go to abroad with effect from 1.6.2013 and stay there till 30.6.2013. It must be ensured that he shall come back to India positively by 1.7.2013 and resubmit the passport to the proper authority under whom it is presently lying. The conditions so imposed above shall remain in force only for a month as indicated above. Thus, the petition stands allowed and disposed of. Let a plain copy of this judgment duly countersigned by the Assistant Registrar (Court) be supplied to the parties on usual und ..... X X X X Extracts X X X X X X X X Extracts X X X X
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