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2019 (8) TMI 1040 - HC - CustomsSmuggling of human embryos into India - Release of petitioner on Bail - handing over to the Petitioner the Petitioner’s Passport at the time of Bail - refund of amount taken from the petitioner at the time of releasing the Petitioner on bail - HELD THAT:- The purpose for his visit to India on eight different dates is not brought on record by the Petitioner. There are serious allegations against the Petitioner that the Petitioner is involved in smuggling of human embryos. The learned counsel for Respondent No.1 submitted that during the course of investigation, the mobile of the Petitioner was seized and from the messages of the Petitioner’s phone, it is revealed that the Petitioner was to deliver the human embryos to the Indo Nippon IVF Clinic in Bandra (W), Mumbai, and when the investigation went to the said clinic and taken a search they found four documents relevant to the investigation. Thereafter at the relevant time, the Petitioner voluntarily and willingly surrendered his Malaysian passport bearing A37044226 to the DRI. It is pertinent to mention at this stage that a show cause notice has been issued to the Petitioner. Petitioner is a Malaysian National, and if his passport is returned to him, he will leave India and may not return for adjudication, and it will be very difficult to secure his presence in India for the purpose of adjudication and trial. The offence in which the Petitioner is alleged to have been involved is a serious one i.e. the smuggling/illegal import of human embryos into Indian from Malaysia by mis-declaring the same to the Malaysian Customs authorities as stem cells. The presence of the Petitioner for adjudication and trial is necessary. Petition dismissed.
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