2020 (1) TMI 177

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....Directorate of Revenue Intelligence (DRI), impugns order dated 11th November, 2019, passed by the learned Chief Metropolitan Magistrate (CMM), Patiala House Courts, New Delhi and order dated 26th November, 2019 passed by the learned Additional Sessions Judge, New Delhi District Courts, dismissing the Revision Petition thereagainst, whereby the application of the respondent, for permission to travel abroad, has been allowed. 3. Vide order dated 11th November, 2019, the learned CMM, allowed an application, filed by the respondent herein, for permission to travel abroad. 4. The respondent, who is a holder of an Indian passport, is facing trial for commission of offences under Section 135 of the Customs Act, 1962. The respondent was enlar....

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.... 4. that he shall not seek extension of his stay at abroad on any ground including medical ground; 5. that he shall authorize his counsel to receive notice on his behalf during his stay at abroad; б. that he shall properly instruct his counsel for proceeding further in the case during stay in abroad and no adjournment shall be sought by counsel for lack of instruction from him; 7. that he shall produce his surety in the Court on any working day to give statement that surety has no objection in case accused is allowed to go to abroad; 8. that he shall surrender back his passport on his return from abroad." 7. The DRI assailed the aforesaid order dated 11th November, 2019, by way of Criminal Re....

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....me to take instructions in relation thereto. 10. Today learned counsel for the petitioner submits that the respondent had, indeed, provided the aforesaid details, regarding the address at which he would be residing, during his stay in Dubai, as well as the details of his counsel in India. He, however, draws my attention to Ground 'D' in the portion, which reads thus: "D. Inadequate/Insufficient conditions permitting to travel abroad i. The respondent claims to be the proprietor of multiple firm in Dubai trading in huge volumes of gold/gold jewellery annually. However, the CMM Court vide order dated 11.11.2019 has only imposed a condition of depositing a FDR of Rs. 3,00,000/- permitting him to travel abroad. It is notewo....

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.... is also being represented by his counsel, whose details have also been provided to the DRI. 12. Moreover, the learned CMM while dismissing the application for cancellation of bail vide order dated 25th September, 2019, notes that the Deputy Director of the DRI, categorically stated, before the Court that the respondent was not required anymore for the purpose of investigation, and that requisite examination of the respondent had already been conducted. The learned ASJ in the impugned order dated 26th November, 2019, takes note of the same. Moreover, the learned ASJ notes that the counsel for the petitioner had made a statement that since the detailed Show Cause Notice dated 26th September, 2019 was issued and served on the respondent, h....