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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 ..... 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 Rs. 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 and arrested the petitioner and she was produced before the Court below on 28.05.2019. 4. The petitioner has filed an application under Section 439 Cr.P.C. seeking regular bail and the Special Judge for Economic Offences vide order dated 14.06.2019 granted bail to the petitioner on imposing certain conditions that she has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion 439(1)(b) Cr.P.C. for return of passport to be explained. Hence returned." 7. The petitioner in the present petition contended that the Court below dismissed the said application filed by her without being heard. She has filed original of said Criminal Miscellaneous Petition SR.No.424/2021 returned with the above said endorsement by the Court below. According to learned counsel for the petitioner, the Court below without hearing the petitioner, dismissed the said petition. The Court below ought to have heard the petitioner and passed a reasoned order 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 als ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pondent prayed to dismiss the present petition. 9. The above stated facts would reveal that the petitioner herein is an accused in C.C.No.14 of 2020 for the offence under Section 135 of the Customs Act. (Arising out of F.No.DRI/HZU/48D/ENQ- 26 (INT-NIL)/2019). The application filed by the petitioner seeking regular bail was allowed on certain conditions including the condition that she has to surrender her passport. Accordingly, she has surrendered her passport. She has filed application under Section 451 Cr.P.C. seeking interim custody of her passport for a period of six months. Said petition was dismissed by the Court below vide order dated 18.02.2020. She has not filed any application before this Court challenging the said order. Thus, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... led 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t to appearance before DRI/complainant. The Court below is of the firm opinion that revision is maintainable against order dated 18.02.2020 in Crl.MP.No.145 of 2019. Though the petitioner submitted orally that revision is not maintainable as the order dated 18.02.2020 is an interlocutory order during hearing of Crl.MP.No.67 of 2021 and during mentioning with respect to returned Crl.MP.No.SRNo.424/2021, the Court below did not consider the submissions. The Court below passed order dated 19.04.2021 in Crl.MP.No.108 of 2021 relaxing the condition of petitioner's appearance before the DRI/Complainant only. Thus, the petitioner has exhausted all the remedies before the Court below. 13. A perusal of the order dated 19.04.2021 in Crl.MP.No.108 of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ling of charge sheet in C.C.No.14 of 2020. At the cost of repetition, it is relevant to note that after filing of charge sheet and after taking cognizance of the same in C.C.No.14 of 2020 the petitioner has filed Crl.MP.No.108 of 2021 seeking relaxation of condition to appear before the respondent. 14. Now the petitioner herein has filed petition vide Crl.MP.SR No.424/2021 on 16.03.2021 in CC.No.14 of 2020 seeking interim custody of passport for a period of three months from 25.03.2021 to 25.06.2021. The said petition was returned by the Court below with regard to its maintainability. 15. 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 wh ..... X X X X Extracts X X X X X X X X Extracts X X X X
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