Court modifies conditions for passport release, imposes travel reporting and office visits. The court granted the applicant's request to modify the conditions set in a previous order, allowing for the release of the passport for two years with ...
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Court modifies conditions for passport release, imposes travel reporting and office visits.
The court granted the applicant's request to modify the conditions set in a previous order, allowing for the release of the passport for two years with the obligation to submit travel details before traveling abroad. The applicant was required to mark his presence at the DRI Office every six months. The court found no prior breach of conditions by the applicant and deemed the modifications appropriate based on the circumstances, making the rule absolute.
Issues: 1. Application for quashing and setting aside an order. 2. Deletion or suspension of specific conditions in a previous order.
Analysis: 1. The applicant filed an application seeking the quashing and setting aside of an order passed by the Additional Sessions Judge. The applicant specifically requested the deletion or suspension of conditions 3 and 4 from a previous order dated 21.06.2014. These conditions required the surrender of the passport in court and marking presence before the DRI office monthly.
2. The applicant's advocate argued that the conditions were crucial for the application's adjudication. The applicant had complied with the terms of the order by surrendering the passport and marking regular presence. Attempts were made to modify these conditions in subsequent applications, with some temporary relief granted.
3. The applicant, engaged in the shipping business, needed to travel abroad. An application was made to alter the conditions due to passport renewal. The Sessions Judge released the passport for six months and dispensed with personal presence before the DRI office, Jamnagar.
4. The opposing advocate contended that the conditions should not be deleted or modified until the applicant paid a penalty imposed under the Customs Act, 1962. However, the court noted that there was no breach of conditions by the applicant previously.
5. After hearing arguments from both sides, the court modified the conditions. The applicant was required to mark his presence at the DRI Office, Jamnagar every six months. The passport was released for two years, with a condition to submit travel details before going abroad.
6. In conclusion, the court granted the application to the extent of modifying the conditions as stated. The rule was made absolute based on the circumstances and facts of the case.
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