Kishore Hendrik Nandan v. Intelligence Officer, And ANR

spb/ 907appln260-15.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 260 OF 2015 Kishor Hendrik Nandan ... Applicant.

V/s.

Intelligence Officer, Narcotics Control Bureau & Anr.

... Respondents.

--- Mr. H.E.Mooman i/by Sherali S. Khan, Advocate for Applicant. Ms. P. H. Kantharia, Advocate for Respondent No.1. Mr. Rajesh More, A.P.P. for the State.

--- CORAM : M.L.TAHALIYANI,J.

DATE : 12th JUNE, 2015 P.C. :

Admit. Heard finally.

The applicant wants to travel abroad for a period of two weeks. He is accused of the offence punishable under section 9 of the NDPS Act. A complaint is filed against the applicant by the Narcotic Control Bureau. There are few other accused alongwith the applicant.

It is submitted on behalf of the applicant that his mother-in-law is seriously ill and that there are certain properties in the name of his mother-in-law which are required to be transferred in the name of the applicant. No such documents are produced before the court to show that the Borey 1/2

spb/ 907appln260-15.sxw mother-in-law of the applicant holds any property in Netherland and she intends to transfer the same to the applicant.

The case is of the year 2010. It is an admitted position that the trial has not began. However, that by itself cannot be a reason for granting permission to travel abroad if the apprehension of the Respondent /NCB is reasonable that the applicant will abscond.

The learned Advocate Ms. Kantharia for the NCB/ Respondent No.1 has submitted that the co-accused in this case were granted permission to travel abroad and that they have absconded. She submitted that five of the co-accused, who were granted bail in this case, have jumped the bail and that they are not traceable.

Since the applicant has not been able to show any document regarding the so called pressing reason for traveling abroad and since the co-accused in the present case have jumped the bail, the apprehension of the NCB cannot be said to be ill founded.

In my opinion, considering above, no case is made out for grant of this application and, therefore, the application is rejected.

(JUDGE) Borey 2/2