2025 (9) TMI 626

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....as per the order dated 30th August 2025 has granted permission to Respondent No. 1 to travel abroad including Paris and France from 4th September 2025 till 10th September 2025. The present petition challenges this order and also there is a prayer for staying the said order. As the Respondent No. 1 is likely to leave India tomorrow., this petition is taken on production Board. Learned Advocate Dr. Shri Kantawala appeared on his own to represent Respondent No. 1. I have heard both of them. By their consent I am deciding this petition finally. 2. The present Respondent is an accused in connection with File No. DRI/MZU/CI/INT-77/2025 registered with Directorate of Revenue Intelligence (for short 'DRI'), Mumbai for an offence punishable under S....

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....e of maintainability and now the matter is fixed for hearing on 11th September 2025. 5. He places reliance on the observations in case of Dr. Rajaram v/s. State of Maharashtra 2024 SCC OnLine Bom 1111 and more specifically observations in Para No.6. It is in respect of power of the Magistrate to modify the conditions. When there is apprehension expressed by Mr. Pathak that the Respondent may tamper with evidence by contacting the exporters, Shri Kantawala submitted that his client undertakes not to meet those exporters. 6. Primarily, there is opposition for grant of permission for the reason application for cancellation of the bail is pending before the Court of Additional Sessions Judge, Greater Mumbai. The Petitioner apprehends that Res....

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....n is under progress or criminal case is pending. Admittedly, the case is under investigation that is to say the DRI is in the process of collecting materials. When such a request is made on the say of investigator, the Court has to consider whether there is possibility of tampering with the evidence if the permission to travel abroad is granted. There is one more factor which deals with availability of the accused person during the investigation. Ultimately, Court has to balance right of the investigating agency, on one hand and the right of the person facing prosecution to travel in India and abroad, on the other hand. 9. It is true that DRI has not disputed the averments made in the application about organising the furniture fair at Pari....