TMI Blog2013 (8) TMI 70X X X X Extracts X X X X X X X X Extracts X X X X ..... tween ‘liberty’ and ‘justice’ – court heavily relied upon Maneka Gandhi vs. Union of India (1978 (1) TMI 161 - SUPREME COURT). On inquiry the counsel for the respondent could not give any positive and acceptable answer over the question “whether custody trial is needed in such type of case”- even the respondent cannot give any clear-cut probable time during which the trial may be concluded - the respondent sat idle - the rationality and proportionality of the prayer of the petitioner should be considered - deprivation of his personal life and liberty has to be taken care of – petition allowed in the favour of petitioner. - C.R.M. 3350 of 2012, CRAN No. 437 of 2013 - - - Dated:- 16-5-2013 - Toufique Uddin, JJ. For the Petitioner ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... person if he has reason to believe that any person in India has committed an offence punishable under Section 132/135/135A/136 of the Customs Act. The Officer of Customs has no right to investigate any offence under Section 193/420/471 120B IPC. The petitioner was produced before the learned Metropolitan Magistrate on 4.2.12. The petitioner was sent to the judicial custody contrary to the law laid down by the Supreme Court in the case of Om Prakash vs. Union of India reported in 272 ELT Page 321 (Supreme Court). The petitioner preferred an application before the learned court of Sessions for bail. On 10.2.12, the petitioner was granted bail by the learned Sessions Judge with the condition that he would not leave the territorial jurisdictio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r is not permitted to go abroad. The company of the petitioner is suffering immense loss and injury because of the wrongful action on the part of the respondent. The petitioner filed an application being CRAN No. 2168 for relaxation of condition bail on 27.6.12. He has a fundamental right of foreign travel. The present restriction on foreign travel would cause immense hardship to the petitioner by withholding passport and forbidding him from travelling overseas. Foreign travel is essential part of his business based on export and import. Since February, 2012, the business has been in stand still. So, the petitioner prayed for permitting him to visit overseas between 25.2.13 to 15.4.13 on such terms and conditions as the Hon'ble Court may de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oms Act, 1962 and asserting the applicability of Special Economic Zone Act, 2005 under whom the petitioner s unit is one at Falta, West Bengal. In that case, the petitioner prayed for release of capital goods and raw materials seized under the Panchnama dated 29.2.12 and prayed for rescinding the notice to freeze bank accounts; iii) in that writ case WP No. 316 of 2012 His Lordship on 3.7.12 passed order that no money shall be withdrawn from the bank accounts excepting usual course of business for which separate accounts shall be maintained and except for repayment of bank loans or payment of all taxes and duties; iv) the respondent after due inquiry and examination of the petitioner issued show cause notice under Customs Act, 1962 vide ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onth the petitioner is very much required to go abroad for his business purpose and surely he will come back and face trial. He further submitted that the petitioner be allowed to furnish bank guarantee of Rs. 10 lacs/cash deposit of the same with the Office of the Registrar General, High Court Appellate Side Calcutta. He further submitted that the seized materials from the custody of the petitioner are sufficient as security, in addition to the fact that he has left behind his residential property and other properties and his family at Calcutta which are also equivalent to guarantee. The learned counsel for the respondent raised vociferous objection against such prayer and contended that once the accused petitioner leaves this country wi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of. Considering entire circumstances, I am of the view that the matter may be disposed of as follows. The petitioner shall be permitted to take back his passport from the concerned authority to go abroad strictly only for a month according to his requirement subject to the following conditions: i) he shall furnish his address and his telephone numbers as well as names of the persons to be contacted to collect his whereabouts in the countries he likes to travel; ii) on every alternate day he shall contact over Cell-phone No. 9433034888 of Sri Suman Kr. Gangopadhyay, Senior Intelligence Officer or in case of non-availability of Sri Gangopadhyay to Cell-phone No. 8902494206 of Sri Saibal Gupta, Intelligence Officer on every alternate da ..... X X X X Extracts X X X X X X X X Extracts X X X X
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