High Court for State of TelanganaCRLP/8145/2015disposed of no costs

Mohammed Mohsin v. The Superintendent Of Customs (Cus. Prev)

2015-08-31Raja Elango2 pages

HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.8145 of 2015 ORDER:

This criminal petition, under section 482 of the Code of Criminal Procedure, is filed by the petitioner-Accused seeking to relax the conditions imposed by the Special Judge for Economic Offences - cum - VIII Additional Metropolitan Sessions Judge, Hyderabad in Crl.M.P. No.381 of 2015 in HQPOR No.101 of 2014 Cus-Prev., and to permit him to leave the country.

Originally, petitioner's passport was impounded and deposited before the trial Court. The petitioner filed Crl.MP No.381 of 2015 for return of his passport and also to permit him to go to Dubai as he got an opportunity in Dubai. The trial Court ordered for return of the passport on condition of the petitioner executing a personal bond for a sum of Rs.1,00,000/- and also giving an undertaking that he would not leave the Country without the leave of the Court. The petitioner filed Crl.M.P. No.1280 of 2015 before the trial Court to permit him to leave India and to go abroad. The said application was dismissed by the trial Court. The present application is filed by the petitioner to relax the condition imposed by the trial Court and also permit him to leave the country.

Heard the learned counsel for the petitioner. Even after service notice, none appeared for the respondent.

Learned counsel for the petitioner submitted that the petitioner is native of Hydeabad and is ready to face the trial by engaging a counsel before the trial Court and also he will surrender the passport as soon as he returned from Dubai, after completion of his work. Considering the above, the petitioner is directed to file an affidavit before the Court concerned informing the date on which he intends to leave India and also the date on which he will surrender the

passport before the Court concerned. On filing of such application, the Court concerned is directed to grant permission to the petitioner to leave India.

With the above directions, the Criminal Petition is disposed of. ______________ RAJA ELANGO, J August 31, 2015 KTL