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2024 (1) TMI 1301

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..... ey intend to file a Special Leave Petition against Ext.P2 judgment, to be tenable. The 3rd respondent is directed to take necessary steps to allow the petitioner to travel to Ireland as per law and subject to all other statutory and imperative requirements being satisfied, without any avoidable delay, but not later than two weeks from the date of receipt of a copy of this judgment - Petition allowed. - Honourable Mr. Justice Devan Ramachandran For the Petitioner : M.S. Sajeev Kumar, Lakshmi S Kumar, A.N. Jyothilekshmi. For the Respondent : Sri. Sreelal N. Warrier, SC, Sri. S. Manu DSGI. JUDGMENT The petitioner is stated to be an Irish citizen, who was involved in a case registered by the Customs, alleging offences under Sections 132 and 1 .....

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..... ng his client to travel, would cause him irreparable prejudice and detriment, should something happen to his mother. 4. Sri. Saiby Jose Kidangoor then argued that, the 3rd respondent, in fact, has not furnished his client any written communique why he cannot be allowed to travel; but that he has been informed orally, that they require a No Objection Certificate ( NOC ) from the 4th respondent Assistant Commissioner of Customs, for the issuance of an Exit Permit. He, therefore, prayed that the 4th respondent, or such other competent Authority of the Department of Customs, be directed to forthwith issue to the 3rd respondent the afore said certificate. 5. Sri. P.V. Jayasankar learned Standing Counsel for the 4th respondent, submitted that, th .....

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..... ing upon whether they had requested for leave before this Court to challenge the same. But, during this time, it is evident that the petitioner remains exonerated and it would be not within the design of the forensic scheme that he be detained without any viable reason. The allegations against him have already been tested before two courts, including before this Court; and I, therefore, cannot find any reason to confine him to detention, or to refuse him permission to travel abroad, especially when he says that his mother is critically ailing and perhaps would be too late, if is he not allowed to return soon. 9. That apart, Sri. Saiby Jose Kidangoor learned counsel for the petitioner, further submit that his client, in fact, had travelled t .....

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