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TMI Blog2021 (6) TMI 425X X X X Extracts X X X X X X X X Extracts X X X X ..... n 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. - Criminal Petition No.3331 OF 2021 - - - Dated:- 1-6-2021 - Honourable Sri Justice K.Lakshman For the Petitioner : K Sandhya Reddy For the Respondent : Anil Prasad Tiwari ORDER : Heard learned counsel for the petitioner and Sri Anil Prasad Tiwari, learned Special Public Prosecutor for respondent. 2. The petitioner herein filed the present petition to direct the learned Special Judge for Economic offences, Hyderabad to give custody of the passport/direct the said judge to pass speaking orders after following principles of natural justice. 3. The petitioner herein is accused in F.No.DRI/HZU/48D/ENQ-26 (INT-NIL)/2019. The offence alleged against the petitioner herein is under Section - 135 of the Customs Act, 1962. The allegation against the petitioner herein is that she was involved in smuggling of gold weighing 11.100 kilograms valued at ₹ 3,63,52,500/- into India from Dubai by concealing the said gold on her body. The Directorate of Revenue Intelligence (D.R.I) officials have seized the gold a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in Crl.MP.No.SR 424/2021 filed under Section 439 (1)(b) Cr.P.C. Thus the Court below erred in returning the said petition. There is violation of principles of natural justice. She has also contended that she has to go to Dubai for the purpose of taking treatment to her eye. She is partner in Jewel Coast which designs and manufactures jewellery. She needs to travel Dubai to conduct business, so as to show the designs to prospective customers. Therefore, the petitioner is in need of said passport. With the said contentions, learned counsel for the petitioner seeks to relax the bail conditions imposed by the Court below vide order dated 14.06.2019 in Crl.MP.No.188 of 2019. 8. The respondent-D.R.I filed counter opposing the said petition. The petitioner is a habitual offender. Even in the past, she had also smuggled 34 kgs of gold in similar fashion. She is filing one petition or other with different grounds. In the earlier petition, she sought custody of the passport on the ground that she has to take her daughter to United Kingdom to join LLB course. In the Crl.MP SR No.424 of 2021, she is seeking interim custody of passport on the ground that she has to travel to Dubai for the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iled Crl.MP.No.108 of 2021 in C.C.No.14 of 2020 seeking the following reliefs: a) waive the condition to appear before the Complainant on every Monday between 10 AM to 5 PM; b) Grant interim custody of the passport bearing No.T4783001 to the petitioner for a period of three months from the date of the order; The petitioner herein has filed the said petition on the ground that she is suffering with BECHET disease since 2015 and she has to take treatment in Dubai and she has also stated that she is partner of Jewel Coast which designs and manufactures jewellery. She has to travel to Dubai for the purpose of conducting her business to show the designs to prospective customers etc., The Court below vide order dated 19.04.2021 allowed the said petition and condition imposed on the petitioner to attend before the respondent authorities on every Monday till further orders was relaxed. The Court below granted relaxation of the said condition on the ground that the respondent-authorities have completed the investigation, filed charge sheet and the same was taken on file vide CC.No.14 of 2020. The Court below did not grant the relief of giving interim custody of the passport in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... spondent/complainant on every Monday vide order dated 14.06.2019 in Crl.MP.No.188 of 2019. Thus, there is no mention about relief sought by the petitioner seeking interim custody of passport. The earlier petition filed by the petitioner vide Crl.MP.No.15 of 2020 seeking interim custody of the passport for a period of six months was dismissed by the Court below vide order dated 18.02.2020. The petitioner has filed said petition at crime stage and the same was dismissed by the Court below on 18.02.2020 on the ground that she has filed said petition with suppression of facts and she has not approached the Court with clean hands. Now the respondent-D.R.I. officials have completed the investigation and laid charge sheet against the petitioner for the offence under Section 135 of the Customs Act, 1962 and the same was taken on file vide C.C.No.14 of 2020. Therefore, as discussed supra, in Crl.MP.No.108 of 2021 filed by the petitioner under Section 439(1)(b) of Cr.P.C. she has restricted her relief only to the extent of relaxation of condition to appear before the respondent-authorities on every Monday in compliance of the order dated 14.06.2019 in Crl.MP.No.188 of 2019. Thus, she h ..... X X X X Extracts X X X X X X X X Extracts X X X X
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