TaxTMI 
TaxTMI 
2021 (4) TMI 284
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....irected to deposit passport with the lower Court as per condition No.19(c) with reference to offences registered vide I - C.R. No.16 of 2014 with DCB Police Station, Surat for the offences punishable u/s 420, 465, 467, 468, 471, 477A and 120B of the Indian Penal Code. The private respondent came to be discharged in connection with aforesaid offences being registered as Criminal Case No.62851 of 2014, vide order dated 3.5.2017 passed by the Coordinate Bench in Criminal Revision Application No.264 of 2017. As the private respondent was discharged in connection with Criminal Case No.62851 of 2014, wherein he surrendered passport to the trial Court, he moved an application for release of the passport in his favour. Vide order dated 23.3.2018, the learned Sessions Judge changed the custody of the passport from Criminal Case No.181 of 2017 (Arising out of Criminal Case No.62851 of 2014) to the PMLA Case No.3 of 2014. Since then, the passport of the private respondent was lying in the custody of Designated Court pending trial of offence under the provisions of the PMLA, but pursuant to impugned order, the passport is released in favour of the private respondent. Thus, now, passport is in ....
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....er on certain terms and conditions, more particularly, described at page 8 of the impugned order passed in Criminal Misc. Application No.1835 of 2020. 8. Feeling aggrieved by the impugned order, the applicant is before this Court. 9. According to learned advocate for the applicant, an inquiry was carried out under the FEMA, 1999, wherein the private respondent and other co-accused persons were involved in the racket of remitting money out of India on the basis of forged bill entries. On the basis of the complaint received by the Crime Branch, Surat, FIR being I - C.R. No.16 of 2014 was registered by the DCB Police Station, Surat u/s s 420, 465, 467, 468, 471, 477A and 120B of the Indian Penal Code and also another FIR. Thereafter, investigation under the provisions of the PMLA was initiated as the offences u/s s 420, 465, 467, 468, 471, 477A and 120B of the Indian Penal Code are scheduled offences in connection with the offences of the PMLA. Upon scrutiny of the two FIRs, case was registered by the Director of Enforcement for investigation into the offences under the PMLA. 10. As on today, prosecution proceedings against the private respondent and other 78 accused persons have b....
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....ica, Africa USA. Learned advocate for the private respondent would further submit that considerable time is consumed in deciding various applications filed by the private respondent, because prior to visit abroad, the private respondent is required to apply for visa and each country takes its own time as per norms for consideration of the applications to grant visa and thus, the private respondent is likely to fail to meet with the schedule of foreign meeting, negotiation and inspection of the goods if timely permission is not obtained by him. Moreover, the private respondent may lose an opportunity of business and further, rate of foreign currency is also fluctuating everyday. Learned advocate for the private respondent would further submit that when discharge order in favour of the private respondent came to be quashed by the Hon'ble Apex Court, the private respondent was at abroad and on coming to know, he returned to India and reported to the Court and thus, the private respondent has shown highest respect to the orders of the Hon'ble Court. Learned advocate for the private respondent would further submit that he was not required to apply to suspend the condition of regula....
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.... not leave India when crucial witnesses are going to be examined by the Court. 6. The applicant shall not stay continuously more than three months in foreign country and shall report to the investigating officer as well as the Court upon his return. 7. The applicant shall inform concerned investigating officer as well as the Court before he intends to visit foreign country." 15. Bearing in mind the conduct demonstrated by the private respondent in past, nature of accusation on one hand and to secure the unhampered trial and further investigation, the Court is required to see whether the aforesaid conditions are sufficient to ensure smooth trial and investigation. 16. It is a matter of fact that the offence pertains to the year 2014 and as of now, trial has not proceeded. There is no any possibility or likelihood of completion of trial in near future or at least say 3 years. There is no disagreement on this fact situation. Secondly, though 7 to 8 years have passed, there is no any possibility of completion of investigation even in near future or say at least for 3 to 5 years. These facts are not in dispute since the prosecution agency was not in a position to state at bar as t....
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.... the investigating agency, but also considered smooth trial in presence of the private respondent. In other words, the private respondent is relieved from moving applications for the purpose to visit foreign countries for business purpose and so also, the Court is not overburden for such purpose. So, the submissions by learned ASG Mr. Vyas for the applicant to maintain order subject to addition of condition to seek leave of the Court cannot be accepted for the simple reason that sufficient safeguards and checks are put on the private respondent in view of nature of offence and status of investigation and trial. 20. Lastly, the apprehension as to either fleeing from the country or influencing/tempering with the evidences is misplaced for more than one reasons. Despite, the private respondent visited foreign countries on various occasions, as aforesaid, no any condition is breached or any attempt is made to influence/temper with the evidence. On each occasion, the private respondent returned back in time and surrender the passport and therefore now onwards, if passport is retained subject to rigorous conditions as invoked by the Designated Court, no any prejudice is likely to cause....