2021 (6) TMI 437

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....etition 09/2021. 2. It is alleged that on the basis of some specific information, five passengers namely Chen Po Shuo, Wang Wei Ting, Liao Kuan Hua, Ms. Chen Hsui Yun and Ms. Chan Kai Li, holder of Republic of China (Taiwan) would be departing from IGI Airport, T-3, New Delhi by Air India Flight No. AI 310 to Hong Kong with its Scheduled departure at 2305 hrs on 27.08.2019. It is alleged that as per the said information, the said passengers would be carrying huge quantity of foreign currency on their persons or in hand baggage or in their checked-in-baggage, and would attempt to smuggle out the same. It is alleged that the respondent officers reached at T-3 IGI Airport and intercepted the above mentioned 5 passengers at Boarding Gate No.....

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....ease of passport on the basis of the order 8.6.2020. It is averred that the application for release was allowed vide order dated 21.8.2020 on furnishing an FDR in the sum of Rs. 50,000/-. The said order was assailed by the department before the Sessions Court and when notice was issued to the respondent, the counsel inspected the court file and found the above order dated 10.7.2020. So, on realizing the inadvertent mistake the same was informed to the Court, therefore, the Session Court set aside the order dated 21.8.2020. 3. It is further averred that the petitioner, thereafter, filed an application seeking permission to go abroad to her native country for a period of six months as the petitioner is a foreign national, and is facing imm....

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....owed to travel abroad, the petitioner may be directed to deposit in cash or FDR for an amount at least 50% of the foreign currency in INR recovered from the petitioner. It is further submitted that an amount of Rs. 90000 USD was recovered from the checked-in baggage of the petitioner. It is further submitted that petitioner has committed an offence punishable under Section 135 of the Customs Act 1962. It is denied that right to travel is inbuilt fundamental right under Article 21 of the Constitution of India. It is further submitted in the reply that petitioner is a foreign national and is a part of conspiracy and if she is allowed to go abroad, there are no chances of her returning and facing trial. 5. I have heard counsel for the petit....

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.... to deposit 50% of the amount of recovered foreign currency from the petitioner, which is onerous. It is further submitted that there are no allegations that the petitioner is a habitual offender. 7. Learned Sr. SPP appearing for the respondent has argued on the lines of the reply filed by the Department. In the reply, it is submitted by the respondent that in the event petitioner is allowed to travel abroad, then the petitioner may be directed to deposit at least 50% of the foreign currency in the form of cash or in the form of an FDR with this Court. 8. In the instant case, petitioner is a lady and is living in India for more than one and a half year. 9. I have perused the order passed by learned Metropolitan Magistrate dated 08.....