9911796707
TMI Blog2024 (8) TMI 571X X X X Extracts X X X X X X X X Extracts X X X X ..... is unjust, arbitrary and untenable in law, hence, therefore, liable to be interfered with and set aside with consequential directions issued in that regard. 2. As revealed from the record, the petitioner is on bail by the order of this Court in BLAPL No. 9999 of 2023 as at Annexure-2 subject to conditions imposed. In the meantime, with a plea to attend a business commitment, the petitioner moved the learned court below with an application under Annexure-4 to travel to South Africa along with supported documents (Annexure-5 series), as against which, an objection (Annexure-6) was received from the side of the State but such request was rejected by the impugned order under Annexure-7 on the premise that no document has been filed by him to s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... learned Senior Advocate relies on the visa documents. Such claim of travel to South Africa till recently, it is sought to be proved by a visa document of the year 2022. It is stated that on a complaint filed, the proceeding in 2 (c) C.C. Case No.61 of 2023 was registered for offence under Section 69 read with Sections 132 (1) (b), 132 (1) (c) and 132 (1) (f) of the CGST Act, 2017 pending in the file of learned S.D.J.M., Bhubaneswar. It is apprised to the Court by Mr. Kar, learned Senior Advocate that the case is based on inquiry made by the Bankers of two firms, namely M/s. Jasem Overseas and M/s. Rompather General Overseas and it is alleged that one Mr. Rony used to visit the Banks (Federal Bank and Central Bank, Kalpana Square, Bhubaneswa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dering the same, the travel of the petitioner to South Africa cannot be postponed indefinitely. With such other grounds, Mr. Kar, learned Senior Advocate submits that the impugned order under Annexure-7 is liable to be set aside. In support of the plea and contention advanced, Mr. Kar, learned Senior Advocate relies on a decision dated 15th April, 2024 of this Court in Criminal Revision No.690 of 2023 and a citation reported in (2020) 10 SCC 77 in the case of Parvez Noordin Lokhandwalla Vrs. State of Maharashtra and Another, wherein, the Apex Court had the occasion to deal with such a matter, where the accused was seeking permission to travel to USA for revalidating Green Card issued to him, similarly having past travel history. 5. On the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... osed considering the gravity of the offence or where the presence is statutorily mandatory. All such aspects have been dealt with elaborately by the Apex Court in M/s. Bhaskar Industries Limited Vrs. M/s. Bhiwani Denim & Apparels Ltd. & others AIR 2001 SC 3625. It is also a recognized judicial principle that restrictions against travel to abroad for a time shorter than necessary may amount to unreasonable confinement, which is patently unethical and illegal. 7. As it is well known, liberty of an individual cannot be curtailed solely because the investigation is pending. The sole concern of a court, in case of any such travel to abroad, is the efficient functioning of the trial in absence of the accused. The primary consideration of the cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ad previous travels to South Africa since 1998 till recently in 2022 and the same is supported by the visa documents submitted by him before the learned court below. No doubt, the prosecution against the petitioner relates to tax fraud but is a native of Gurgaon, Haryana and runs business. In the meantime, the letter of a client was received by the petitioner which reveals some services are to be offered to the said client. Mr. Kar, learned Senior Advocate submits that the purpose of the business as per the communication received by the petitioner still survives and merely for the reason that a prosecution has been lunched, he cannot be denied to travel to South Africa and while advancing such an argument, the principle based on a maxim omn ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... complied with the direction of the court below and for being a permanent native and a family behind, it is most unlikely that he would abscond or flee from the course of justice. Such permission, it is further concluded, can be granted to the petitioner imposing stringent conditions on him to ensure his attendance during trial. Inasmuch as, the duration of such travel as disclosed by Mr. Kar, learned Senior Advocate may be a month or two. The Court is not inclined to burden the series of citations related to the case of present nature as it has been referred to including the citation in the case of Parvez Noordin Lokhandwalla (supra) while dealing with and disposing of the CRLREV No. 690 of 2023 in the case of Indrajit De Vrs. Republic of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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