Shri Ahmed A.R.Buhari v. The Assistant Director,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.03.2025 CORAM :
THE HONOURABLE MR. JUSTICE M.S.RAMESH and THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR and Crl.M.P.No.5973 of 2025 Shri Ahmed A.R.Buhari ... Petitioner Vs.
The Assistant Director Directorate of Enforcement Government of India No.2, BSNL Administrative Building 5th and 6th Floor, Kushkumar Road Nungambakkam, Chennai 600 034 ... Respondent Prayer: Criminal Revision Case filed under Section 397 r/w 401 Cr.P.C. to set aside the order dated 08.01.2025 passed in Crl.M.P.No.8357 of 2024 in Spl.C.C.No.01 of 2022 on the file of XIII Additional Special Court for C.B.I. Cases, Chennai, rejecting the application for permission to travel abroad and allow the revision.
For Petitioner : Mr.B.Satish Sundar For Respondent : Mr.N.Ramesh Special Public Prosecutor (E.D)
ORDER
M.S.RAMESH, J.
AND N.SENTHILKUMAR , J.
When the petitioner herein had sought for permission from the Special Court to leave the country, this request was rejected by an order dated 08.01.2025, passed in Crl.M.P.No.8357 of 2024, which is under challenge in the present revision.
2.According to the learned counsel for the petitioner, he is a permanent resident of Singapore, which status requires to be renewed and for which purpose, he has to re-enter the Republic of Singapore. The other ground on which he seeks to travel abroad is to undertake the holy pilgrimage to Mecca and Madina on account of UMRAH. 3.Incidentally, the petitioner has been implicated in the criminal case under the Prevention of Money Laundering Act, on the basis of
predicate offence pending before the C.B.I. When he had sought for a similar permission to travel before the Special Court, RADC, New Delhi, it was granted to him vide proceedings in R.C.No.221/2018/E0003 dated 21.03.2025 in the following manner and conditions: ......
9.In the present case, charge sheet has not been filed so far. Earlier also the applicant was granted permission to travel abroad and he has not misused the same. Applicant wants to visit Singapore for his business having there and to Mecca & Madina for religious purposes. Keeping in view the facts and circumstances of the present case, and the submissions made, the present application stands allowed, whereby the applicant / accused is permitted to travel abroad to Singapore from 22.03.2025 to 30.03.2025 once and Mecca & Madina from 03.04.2025 to 17.04.2025 once, subject to the conditions that:
1) applicant will furnish FDR in sum of Rs.50,00,000/- (Fifty Lakhs Only);
2) applicant shall also furnish his detailed itinerary to the CBI before his departure;
3) that applicant shall keep the mobile number mentioned
by him in the application i.e. + 65-98360303/919840071182 in working condition throughout the period;
4) that applicant shall give details of his stay in countries other than Singapore to the CBI, as he has already mentioned address of Singapore;
5) that applicant shall not try to contact any of the witnesses or tamper with evidence in any manner;
6) that applicant shall inform the CBI and the Court within 48 hours after returning to India; and
7) that in case of violation of above conditions, the FDR shall stand forfeited to the State.
10. The LOC issued against the applicant qua present case, if any, shall remain suspended from 22.03.2025 till 17.04.2025. Passport of the applicant, if any, seized by the CBI or deposited in the Court, be released to him, with direction to deposit the same with the CBI or in the Court after completion of his journey.
4.In the affidavit dated 17.03.2025, filed by the petitioner before
this Court, he had made a similar request for leaving the country for the purpose of renewing his status as a permanent resident in Singapore, as well as for undertaking a holy pilgrimage to Mecca & Madina on account of UMRAH. In paragraph No.6 of the affidavit, the petitioner has undertaken to return from Singapore on 30.03.2025. Likewise, his travel to Mecca & Madina in Saudi Arabia is for the period between 03.04.2025 to 17.04.2025. It is for the same period, that the Special Court in New Delhi had also granted permission, wherein the F.I.R for the predicate offence is pending.
5.In the events of circumstances, we are inclined to grant permission to the petitioner to travel to Singapore for the period between 27.03.2025 and 30.03.2025 and to Mecca & Madina from 03.04.2025 to 17.04.2025, on the following conditions;
a) that the petitioner shall furnish his detailed itinerary to the respondent before his departure;
b) the petitioner shall also furnish the mobile numbers he
carries with him to the aforesaid two countries to the respondent and shall keep the mobile numbers in reachable condition throughout his travel period;
c) the petitioner shall also give details of his place of residence in Singapore, as well as in Saudi Arabia;
d) the petitioner shall travel only to the aforesaid countries and shall not take any flights which permits him to leave the Airport in the connecting countries.
e) the petitioner shall not contact any of the witnesses or tamper with evidence, in any manner, during his travel period;
f) As soon as the petitioner returns to India from Saudi Arabia, he shall immediately inform the respondent about his arrival within 24 hours; and g) the LOC issued against the petitioner herein by the respondent shall stand suspended for the period between 27.03.2025 and 17.04.2025.
6.This Criminal Revision Case stands allowed accordingly.
Consequently, the connected miscellaneous petition is closed. [M.S.R, J.] [N.S, J.] 26.03.2025 kas Index : Yes / No Note: Issue order copy today To.
The Assistant Director Directorate of Enforcement Government of India No.2, BSNL Administrative Building 5th and 6th Floor, Kushkumar Road Nungambakkam, Chennai 600 034 M.S.RAMESH, J.
and
N.SENTHILKUMAR, J.
kas and Crl.M.P.No.5973 of 2025 26.03.2025