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2021 (3) TMI 893 - HC - CustomsPermission to travel abroad - On behalf of the DRI, it is submitted that there is an apprehension that the applicant would not return to India - HELD THAT:- It becomes apparent that the requested party in terms of the treaty of extradition between the Republic of India and Republic of Korea dated 05.10.2004 would be bound to extradite the person who has allegedly committed the offences qua taxation, custom duty, foreign exchange, control or other revenue matters except for in accordance with the provision of Articles 3 & 4 of the said treaty. It becomes apparent thus in terms of the Extradition Treaty even if a Korean citizen is permitted to travel abroad, he can be extradited back to this country with it also having been observed vide order dated 20.11.2020 that the in the circumstances, the apprehension that had been expressed on behalf of the DRI could not be said to be well founded. In as much as, a submission had been made on behalf of the respondent that he has a valid VISA to return to this country even if the impugned order was upheld, and that the respondent would get his VISA renewed with it having been submitted that the Passport of the respondent was with the DRI, in the circumstances, the DRI was directed to ensure that a personnel of DRI accompanies the respondent for the renewal of the respondent’s VISA and that the renewal of the VISA was made in accordance with law. Taking into account the old age of the parents of the respondent, it is held that there is no infirmity in the impugned order dated 29.10.2020 of the learned Metropolitan Magistrate-04, Patiala House Courts, New Delhi in relation to the case titled as DRI V. Kim Dong Yeol. Petition disposed off.
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