Mohammed Azeem Ansari v. The Superintendent Of Customs

HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.8511 of 2015 ORDER:

This petition is filed by the petitioner-accused under Section 482 Cr.P.C. seeking to relax the conditions imposed by the Special Judge for Economic Offences at Hyderabad while granting bail to the petitioner vide order dated 21.7.2015 in Crl.M.P.No.1522 of 2015 in C.No.VIII/48/02/2015-SIIB CPC.

The petitioner filed the above Crl.M.P., before the Court below seeking regular bail. The Court below while granting bail to the petitioner imposed conditions directing him to attend before the Superintendent of Customs, Customs Preventive Commissionerate (CPC) Vijayawada twice in a week i.e., on every Monday and Thursday between 10 a.m., and 2 p.m., until further orders, and further directing him not to leave the State of A.P. without prior permission from the Court until further orders and to deposit his passport, if not already deposited.

Seeking to relax the above conditions, the petitioner filed this petition.

Learned Counsel for the petitioner submitted that the petitioner has been complying with the other conditions imposed by the Court below while granting bail and he also surrendered his passport and that being an exporter of mangoes, the petitioner wants to visit Saudi Arabia and Dubai for specific purpose and his presence before the above countries is necessary to settle the accounts. He further submitted that the petitioner is ready to surrender his passport before the Court concerned after his return from the above countries. The learned Counsel for the petitioner also produced some documents to show that the presence of the petitioner is necessary in the above nations.

Considering the facts and circumstances of the case and the submissions made by the learned Counsel for the petitioner, this Court

is inclined to pass the following order:

The petitioner is directed to file an affidavit before the Court concerned informing the date on which he wants to leave the country and also the date on which he will return and surrender his passport. On such affidavit being filed, the Court concerned is directed to return the passport of the petitioner on condition of the petitioner executing a bond for a sum of Rs.10,00,000/- (Rupees Ten Lakhs only) with one surety for the like sum. Further, the petitioner is directed to comply with the conditions imposed by the Court below after his return from the above countries.

Accordingly, the Criminal Petition is disposed of. _______________ RAJA ELANGO, J Dated: 2nd September, 2015 Nn HONOURABLE SRI JUSTICE RAJA ELANGO

CRIMINAL PETITION No.8511 of 2015 2.9.2015 Nn