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2021 (6) TMI 437 - HC - CustomsSeeking permission to travel abroad - seeking release of passport - smuggling - Foreign Currency - right to travel - Fundamental Rights - offence punishable under Section 135 of the Customs Act 1962 - HELD THAT:- There is no serious challenge to the medical grounds made by the petitioner in the application which was filed before the Chief Metropolitan Magistrate, on the basis of which petitioner was allowed to travel abroad. In the reply filed by the respondent, it appears that respondent is not averse to the foreign travel of the petitioner if the petitioner is directed to deposit 50% of the amount recovered from her in the form of Indian currency. In the instant case, according to the respondent, amount of USD 90000 was recovered from the petitioner which was around ₹ 65,00,000/- in Indian currency. The petitioner in the instant case is a lady, aged about 54 years, and there is nothing on record to show that she has previously involved in these types of activities. The condition to deposit 50% of the recovered amount to my opinion would be quite onerous. The petitioner is allowed to travel abroad to her country, i.e. Taiwan, for a period of six months i.e. from 12.06.2021 to 11.12.2021 on deposit of amount of ₹ 15,00,000/- lakhs in the form of an FDR in the name of Registrar General of this Court, and subjects imposed.
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