9911796707
TMI Blog2020 (9) TMI 752X X X X Extracts X X X X X X X X Extracts X X X X ..... rosecuting agency. The respondent came to India by ETA business visa. His entry was on 28.11.2019, and the permission to stay expired on 28.04.2020. Therefore his stay at India became illegal under Section 14 of Foreigners Act without Registration Request to FRRO, Chennai prior to valid e-visa period, namely 25.04.2020. Since the petitioner was arrested and his passport was seized, he was not able to register his request for extension of his visa at FRRO, Chennai. That apart, the offence registered as against the petitioner are not related to the passport of the petitioner. Therefore, the learned Judicial Magistrate, Special Court for Customs, Alandur, Chennai rightly ordered to return his passport on certain conditions - The respondent shall not depart India till the completion of proceedings in O.S.No.116 of 2019 on the file of the petitioner / complainant. - CRL.O.P.No.8207 of 2020 and Crl.MP.Nos.4075 & 5515 of 2020 - - - Dated:- 18-9-2020 - HONOURABLE MR. JUSTICE G.K. ILANTHIRAIYAN For Petitioner : Mr. M .P. Kumar, Special Public Prosecutor(Customs) For Respondent : Mrs. D. Kamachi O R D E R This petition has been filed challenging the order passed in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ure of 4 kg of gold bars from him. He had valid original passport which was also detained by the petitioner. On the basis of the remand report, the respondent was produced before the learned Magistrate and he was remanded to judicial Custody. Thereafter he was released on bail on certain conditions. 3.1 He further submitted that as per his e-Visa conditions, he cannot stay more than 180 days on each visit to India. As a foreign national, as per the ETA visa he cannot stay in India after 24.04.2020. Now he has to report before the Foreigners Regional Registration Office(FRRO) before expiry of 180 days. Due to detention of his passport, he could not able to report before the authority concerned. Therefore, the respondent filed petition in Crl.MP.No.116 of 2020 for return of his passport. The learned Magistrate rightly observed that offence does not pertaining to the passport Act and as such ordered to return of his passport on certain conditions. He further submitted that the respondent's stay is illegal as per Section 14 of Foreigners Act, 1946 without Registration Request to FRRO, Chennai. Now the respondent is on bail and he has to stay in hotel. Therefore, he needs physica ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... He will escape from the clutches of Court and abscond. The learned Special Public Prosecutor relied upon the order passed by this Court in Crl.RC.Nos.468 469 of 2019 dated 19.07.2019 and the relevant portion of which is extracted as follows: 8. Now coming to the issue at hand, a solution has to be found within the parameters of law to deal with the case of the petitioners. The petitioners will have to face proceedings under the Customs Act for the alleged violations. Therefore, their passports cannot be handed over to them at this juncture. 9. In order to strike an harmonious balance between the necessities of law and the requirements of the petitioners to have their stay in India validated so as to avoid being prosecuted under the Foreigners Act, 1946, the FRRO, Chennai, who is present before this Court made some welcome suggestions. He stated that his office is ready and willing to extend the petitioner's Visas for a reasonable period as required by the DRI, which is the prosecuting agency. 10. In view of the above, this Court issues the following directions: (a) The learned Additional Chief Metropolitan Magisterial, E.O.- II, Egmore, Chennai is directed to ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ay be prescribed Accordingly, the authority concerned by order can prohibit the foreigner that he shall not depart from India. 6. It is relevant to extract Section 14 of Foreigners Act, 1946, as follows: 14A.Penalty for entry in restricted areas, etc. - Whoever- (a) enters into any area in India, which is restricted for his entry under any order made under this Act, or any direction given in pursuance thereof, without obtaining a permit from the authority, notified by the Central Government in the Official Gazette, for this purpose or remains in such area beyond the period specified in such permit for his stay; or (b) enters into or stays in any area in India without the valid documents required for such entry or for such stay, as the case may be, under the provisions of any order made under this Act or any direction given in pursuance thereof, shall be punished with imprisonment for a term which shall not be less than two years, but may extend to eight years and shall also be liable to fine which shall not be less than ten thousand rupees; and if he has entered into a bond in pursuance of clause (f) of sub-section (2) of section 3, his bond shall be forfe ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
