9911796707
TMI Blog2024 (8) TMI 571X X X X Extracts X X X X X X X X Extracts X X X X ..... petitioner relates to tax fraud but is a native of Gurgaon, Haryana and runs business. Having regard to the nature of the offences alleged, the delay in commencement of trial with the charge framed, attendance of the petitioner all along duly represented by a counsel without default with no any instance cited and the fact that the petitioner has a past travel history and unlikely to abscond having his roots in India, the Court reaches at a conclusion that the learned court below was not right in denying the permission for him to travel abroad which could have been ensured imposing suitable conditions. The impugned order under Annexure-7 passed in 2 (c) C.C. No.61 of 2023 by the learned S.D.J.M., Bhubaneswar is hereby set aside with a direct ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nsaction in South Africa; no material was produced to showcase about any business schedule/ itinerary; co-accused being in judicial custody; and that, the charge is to be framed on the next date i.e. 13th May, 2024, for which s, he has to be physically present. Being aggrieved by the impugned order under Annexure-7, the petitioner has knocked the portals of this Court to set it aside in exercise of revisional jurisdiction. 3. Heard Mr. Kar, learned Senior Advocate appearing for the petitioner and Mr. Satapathy, learned Senior Standing Counsel, GST and Central Tax. 4. Mr. Kar, learned Senior Advocate for the petitioner would submit that the petitioner is on bail and as per one of the conditions imposed by the Court, he may be allowed to trav ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the firms and thereafter, on 11th July, 2023, the officials of DGGI apprehended him and two others including the petitioner. The details of the allegations against the accused persons are also described by Mr. Kar, learned Senior Advocate, which are not reproduced at present for the sake of brevity. The contention is that co-accused No.2 is on bail and the petitioner is having travel history and in view of the business commitment for having received the letter from his client, he is required to travel to South Africa. It is contended by Mr. Kar, learned Senior Advocate that the petitioner has roots in the society and is one of his family members stood as a bail surety and therefore, he cannot abscond. it is further contended that the re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Senior Standing Counsel, GST and Central Tax submits that considering the severity of the offences alleged and its magnitude, as huge amount of tax fraud is involved and as there is a possibility of abscondence, the petitioner should not be allowed any such travel, which is likely to impede the prosecution before the court of learned S.D.J.M., Bhubaneswar. It is further submitted that the petitioner is not a resident of Odisha but stays at Gurgaon, Haryana and it may also be difficult for the prosecution to ensure his attendance during inquiry and trial when charge is about to be framed. 6. Whether the petitioner should be allowed to travel to South Africa considering the plea of business commitment? Being an accused one has to remain prese ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cused can be enforced at the time of trial. To ensure the presence of the accused during inquiry and trial, conditions may have to be imposed, which would deter him from absconding or fleeing from justice. In this regard, the decision referred to by Mr. Kar, learned Senior Advocate in the case of Parvez Noordin Lokhandwalla (supra) is to be taken cognizance of. In the said decision, the Apex Court outlined the relevant considerations, when a request for travel to abroad is received from an accused and held and observed that human right to dignity and protection of constitutional safeguards should not become illusory by imposition of conditions, which are disproportionate to the need to secure his presence during investigation and eventually ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r, which means, everyone who has not been found guilty is deemed innocent by the law is cited. In course of hearing of this case, a Gazette Notification of Government of India dated 20th June, 2007 is produced to claim existence of an extradition treaty between India and South Africa, hence, there is a remote possibility of not getting the petitioner back for the purpose of trial as apprehended by the learned court below and as according to Mr. Kar, learned Senior Advocate, any such apprehension, in the facts and circumstances of the case, is totally misplaced and misconceived. Having regard to the nature of the offences alleged, the delay in commencement of trial with the charge framed, attendance of the petitioner all along duly represent ..... X X X X Extracts X X X X X X X X Extracts X X X X
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