P.Regin v. Senior Intelligence Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Ninth day of November Two Thousand Sixteen PRESENT The Hon`ble Mr Justice S.VAIDYANATHAN CRL MP(MD) Nos.11414 and 11415 of 2016 IN CRL OP(MD) No.14230 of 2016 P.REGIN ... PETITIONERS/ACCUSED IN BOTH THE PETITIONS Vs 1 SENIOR INTELLIGENCE OFFICER DIRECTORATE OF REVENUE INTELLIGENCE, REGIONAL UNIT, 22, SOUTH BEACH ROAD, ROCHE COLONY,TUTIROCIN 628 001.
2 SENIOR INTELLIGENCE OFFICER, DIRECTORATE OF REVENUE INTELLIGENCE, REGIONAL UNIT, C.R.A 16, RESHMI,CONVENT ROAD, VANCHIYOR POST, TRIVANDRUM 695 035.
... RESPONDENT/COMPLAINANT IN BOTH THE PETITIONS Prayer in CRL MP(MD) Nos.11414 of 2016:- Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to relax the condition No(ii) imposed on the second petitioner to surrender the passport No.Z 2656399 before the Judicial Magistrate II, Nagercoil and to handed over the same to the petitioner.
Prayer in CRL MP(MD) Nos.11415 of 2016:- Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to permit the petitioner herein to travel abroad for business purposes and thus render justice. Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.GIRIDHAR AND SAI, Advocate for the petitioner and of MRS.S.PRABHA, Government Advocate(Crl.side) for the respondents, the court made the following order:- The petition in Crl.M.P.(MD)No.11414 of 2016 has been filed to relax the condition no.(ii) imposed in Crl.O.P.(MD)No.14230 of 2016 by this Court on 29.08.2016 to surrender the passport of the petitioner herein before the Judicial Magistrate No.II, Nagercoil and to hand over the same to him.
2.The petition in Crl.M.P.(MD)No.11415 of 2016 has been filed to permit the petitioner herein to travel abroad for his business purpose.
3.The learned counsel for the petitioner submitted that the petitioner herein is exporting cashew nuts and related commodities to abroad and that he used to travel to Tanzania, Madagasacar and Indonesia. However, he surrendered his passport before the Judicial Magistrate No.II, Nagercoil based on the direction issued by this Court. Hence, the petitioner is seeking permission of this Court to hand over his passport and also grant permission to go abroad.
4.Heard the learned Government Advocate (Crl.side). 5.Taking note of the said submission, this Court permits the petitioner to go abroad, subject to the following conditions: The petitioner shall submit the application before the court below and whenever he wants to go abroad, he is entitled to take the original subject to the following conditions:
(i)The petitioner is directed to use his passport to travel abroad for his employment / business purpose only. (ii)The petitioner is directed to submit his tour plan/schedule before the concerned Court prior to his departure.
(iii)The petitioner is directed to submit all the certified copies of the travel documents viz. Visa, Air Ticket etc., relating to his journey before the court concerned.
(iv)The petitioner is directed to furnish his full address of stay, contact telephone numbers, fax number etc., before the respondent Police and the jurisdictional court.
(v)The petitioner is directed to submit the certified copy of the passport before leaving abroad. (vi)On his return to India, the petitioner shall handover his Passport before the concerned Court within a period of seven working days from the date of his arrival to India.
(vii)the passport shall not be with the petitioner continuously for a period of more than three months at any point of time. That is, he has to surrender the original passport and make a fresh
application as the presence of the petitioner has to be ensured before the jurisdictional Court.
6.These petitions are ordered accordingly.
sd/- 29/11/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE No.II, NAGERCOIL. 2 DO THRO'THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT. 3 SENIOR INTELLIGENCE OFFICER, DIRECTORATE OF REVENUE INTELLIGENCE, REGIONAL UNIT, 22, SOUTH BEACH ROAD, RACHE COLONY,TUTICORIN 4 SENIOR INTELLIGENCE OFFICER, DIRECTORATE OF REVENUE INTELLIGENCE, REGIONAL UNIT, C.R.A.16, RESHMI, CONVENT ROAD, VANCHIYOR POST, TIRVANDRUM.
5 THE SPECIAL PUBLIC PROSECUTOR FOR DRI CASES, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+2. C.C. to M/S.GIRIDHAR AND SAI Advocate SR.No.73579&73580 +1. C.C. to M/S.C. ARUL VADIVEL @ SEKAR Advocate SR.No.73833 NBJ CSL/SK-SKN/SAR-I/30.11.2016: 3P/9C
ORDER
IN CRL MP(MD) Nos.11414 & 11415 of 2016 IN CRL OP(MD) No.14230 of 2016 Date :29/11/2016