Passport return in customs prosecution allowed only where flight risk is controlled and attendance can be secured by conditions

A passport may be returned to an accused foreign national facing customs prosecution where the court is satisfied that attendance at trial can be secured by conditions and the risk of absconding is adequately addressed. Applying that assessment, the court distinguished between two petitioners: one was permitted to travel subject to safeguards, including securing her presence before the trial court, while the other was denied relief because sufficient grounds for release of the passport were not shown. The court also considered the seriousness of the accusations, the pendency of confiscation and appellate proceedings, and the practical hardship pleaded, but granted only limited relief.

---

---

Issues: Whether the Malaysian passport of the petitioners, facing prosecution for customs offences, should be returned pending trial.

Analysis: The petitioners were facing trial for alleged customs offences arising out of interception of gold bars and the passports had been retained during the proceedings. The Court considered the seriousness of the accusations, the likelihood of flight risk, the pendency of confiscation and appellate proceedings, and the practical hardship pleaded by the petitioners. It also took note that the second petitioner's child was undergoing treatment abroad and that suitable safeguards could secure her presence before the trial Court. On the materials, the Court found a distinction between the two petitioners and held that the second petitioner could be allowed to travel with conditions, while no sufficient ground existed to release the first petitioner's passport.

Conclusion: The passport was ordered to be returned only to the second petitioner, subject to conditions, and the request of the first petitioner was rejected.

Ratio Decidendi: A passport may be returned to a foreign national facing customs prosecution where the Court is satisfied that attendance can be secured by conditions and the risk of absconding is adequately addressed, but such relief need not be granted to another accused against whom those safeguards are not sufficiently shown.

---