2014 (9) TMI 1238

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....ders in saying earlier this Court (another Bench) twice permitted the petitioner to leave the Country on his business purposes. 2. The averments in the application which clearly speak not confined to the scope under Section 439(1)(b) Cr.P.C. but covering Section 482 Cr.P.C. from the prayer supra are that he is accused of the crime No. 308 of 2009 of Police Station Osmania University for the offence punishable under Sections 403 and 406 IPC along with two other individuals and thereby he is A.1 being the Managing Partner of M/s. Ham Associates, a Partnership Entity, in the business of dairy products, carrier and freights and he entered into C & F agreement with Tamilnadu Co-operative Milk Federation Limited of that State Enterprise and earl....

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....nvestigating officer which was deposited before the Court on 15.03.2014 in relation to the said milk business and other businesses in Mining to establish an Entity in Rwanda and also filed another application for permitting to travel to Rwanda in Crl. P. No. 4602 of 2014 that was stated allowed on 22.04.2014 and he travelled to Rwanda on 09.06.2014 and re-deposited the passport in Court on 01.08.2014 and now he seeks requirement of tour to Rwanda for a period of four months for his business purpose supra to return by last week of December, 2014, including the other countries viz., Uganda Democratic Republican Congo, Burundi besides Rwanda. Hence, seeking to relax the condition by permitting to take back the passport for such travelling to r....

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....stigation [(2008) 3 SCC 674] and in Gian Singh v. State of Rajasthan [(1999) 5 SCC 694] saying that the investigating officials have no right of their own to impound the passport, but for the passport officials under the provisions of the Indian Passport Act, 1967. Here, the impounding the passport by investigating officers is entirely different from seeking to deposit the passport by the Court as one of the conditions of the bail to see that the accused shall not jump the bail or form the clutches of the Justice by using or misusing the passport even there is a bar under Section 6(2)(f) of the Indian Passport Act, 1967 of any person who is accused of crime in India, passport cannot be obtained and travel beyond the country without prior pe....