TaxTMI 
TaxTMI 
2021 (3) TMI 637
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.... Present: Sh. Vishal Chaddha, Ld. Counsel for the Department. Sh. Sajan Shankar, Ld. Counsel for the Accused/Applicant Begaim Akynova. Reply to the application seeking permission to travel home moved by the accused Begaim Akynova has been filed by the Department. Be taken on record. Heard. Perused. Considering the facts as mentioned in the application, the application is allowed and applicant / accused Begaim Akynova is permitted to travel home for one year from today i.e. 06.01.2021 to 05.01.2022 subject to the following conditions : 1. that she shall deposit the fine of Rs. 12,00,000/- approximate with the department as fine of Rs. 12 lakhs has been imposed on her by the department. 2. that she will furnish a security amount of Rs. 50,000/- with an undertaking to report back in the Court on or before 06.01.2022 failing which the said amount shall stands forfeited without giving any further notice; 3. that she shall furnish address of her home; 4. that she shall not seek extension of her stay on any ground; 5. that she shall authorize her counsel to receive notice on her behalf during her stay at her hom....
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.... ensuring that those who commit crimes are not afforded the opportunity to obstruct justice. Judges are duty bound to explain the basis on which they have arrived at a conclusion.", submitting to the effect that there ought to be a fair adjudication and application of mind at the time of disposal of any prayer by a Court. It has further been submitted on behalf of the petitioner that there has been a fragrant violation of the judicial comity of Courts and a travesty violation of justice in the instant case with the respondent having flouted all possible norms and the hierarchy of the judicial system. It has been submitted on behalf of the petitioner that the very same respondent i.e. Begaim Akynova, holder of Khazakistan passport no.8622501 who is petitioner no.2 in CRL.M.C.1529/2020, which was disposed of vide the judgment of this Court dated 31.08.2020. It has been submitted on behalf of the petitioner that the said respondent no.2 of that petition i.e. CRL.M.C.1529/2020 with another petitioner therein named Aida Askerbkova, holder of Kyrgyzstan passport no.AC3167256 had both assailed the order dated 30.05.2020 of the learned ASJ-03, New Delhi in CR No. 881/2019 vide which ....
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....hstan." The counsel for Begaim Akynova, holder of Khazakistan passport no.8622501 whose prayer seeking to travel abroad was declined vide judgment dated 31.08.2020 of this Court, was Mr.Sajan Shankar Prasad, Advocate who is the counsel for the respondent no.2 even today and has joined the proceedings through Video Conferencing. Mr.Sajan Shankar Prasad, Advocate is indicated to be the counsel for Begaim Akynova, the respondent to the present petition as the applicant of the application filed before the learned CMM, New Delhi which was disposed of vide the impugned order dated 06.01.2021. The record indicates that the application that was filed on behalf of Begaim Akynova, the respondent to the present petition before this Court and the applicant before the learned CMM, New Delhi, filed her application through her counsels Mr.Rohit Kumar Pandey, Advocate and Mr.Sajan Shankar Prasad, Advocate, and as depicted through the appearance in the proceedings in CRL.M.C.1529/2020 vide judgment dated 31.08.2020, whereby the prayer made by Begaim Akynova to travel abroad, is expressly declined, shows the appearance of both Mr.Rohit Kumar Pandey, Advocate and Mr.Sajan Shankar Prasad, Advoca....
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....of today, allowing the Applicant to travel abroad would not affect today any proceeding in any manner. b. Furthermore, the Applicant without prejudice, undertakes to deposit the entire amount imposed on her by way of penalty by the forum before she travels to her home. c. It is submitted that the Applicant is bound to stay in India since December 2019, it has been more than 1 year for her in India without having any way out to meet her daily basic needs to survive. d. It is further submitted that the Applicant requires to meet her family member only after depositing the entire penalized amount, there would be no prejudice for the department if the permission is granted for a particular time period only. e. Furthermore, considering the unconductive pandemic situations arise throughout the globe, it is exceedingly difficult for the applicants to meet his day to day needs presently in India. Therefore, she may be allowed for a particular period of time only, in which she can grapple-up with the aforesaid unavoidable circumstances and then return back to India. f. It is further submitted that investigation is already completed, and no furthe....
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....ication, the contents of which have been reproduced hereinabove that the applicant vide paragraph 4 of this application, had preferred an application seeking permission to travel abroad before the learned CMM's Court in December, 2019, however, the same was dismissed on 10.12.2019; that the applicant preferred a revision petition before the Hon'ble Sessions Court considering the excruciating circumstances of the other co-accused Aida Askerbkova, the applicant had chosen not to press on her relief, that the Sessions Court had passed an order denying permission to the applicant to travel to her home but thereafter the applicant has averred in paragraph 5 that the applicant along with the coaccused chose to prefer an appeal under Section 482 of the Cr.P.C., 1973 before the Delhi High Court, wherein vide order dated 31.08.2020, this Court allowed the accused Aida Askerbkova to travel to her home and subsequently the Tribunal, Commission of Customs has imposed a fine of Rs. 20 lakhs on the applicant. Significantly, there is not an iota or a whisper of any averment in the application that was filed by the applicant before the learned CMM, New Delhi to the effect that the prayer made b....
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....f Customs, Mr.Satish Aggarwala present today submits is one of the counsel representing the Customs Department before the District Courts. Reliance is also sought to be placed on behalf of the petitioner by the learned SPP on the averments in paragraph 5 of the present petition which reads to the effect:- "5. The respondent filed an application dated 16.12.2020, Annexure-F seeking permission to travel home. Interestingly, the copy of the application was served upon a prosecutor, who at no point of time, had dealt with the present matter either before Ld.CMM, New Delhi, Additional Sessions Judge, New Delhi or this Hon'ble Court. The Special Public Prosecutor filed reply date 21.12.2020, Annexure-G.", to submit to the effect that the counsel on whom the application was served had at no time dealt with the proceedings neither before the learned CMM, New Delhi nor before the learned ASJ nor before this Court. Be that as it may, the same itself does not suffice for the learned counsel who put in appearance even on behalf of the Department of Customs on 06.01.2021 before the learned Trial Court, to have not made any inquiries from the Customs Department specifically in ....