TMI Blog2015 (10) TMI 832X X X X Extracts X X X X X X X X Extracts X X X X ..... isables the petitioner from pursuing his business and earning his living, apart from adversely affecting his right to meet the family, who are settled at Dubai. Passport could be released subject to furnishing adequate security, either in the form of immovable property or Bank Guarantee to the satisfaction of the respondents, till the proceedings are finalised – Decided partly in favour of the Petitioner. - W.P. (C) No. 25 of 2015 - - - Dated:- 11-2-2015 - P.R. Ramachandra Menon, J. Shri Joy Thattil Ittoop and A.G. Aditya Shenoy, for the Petitioner. Shri Thomas Mathew Nellimoottil, for the Respondent. JUDGMENT Whether the respondents (authorities under the Customs Act) are justified in detaining the Passport of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n any case so far. The concerned home appliances were purchased through his driver in Dubai and the petitioner was not having any idea as to the metallic alloy contained in the above appliances. It is also pointed out that the presence of gold is not established and that no case is registered against the petitioner so far. Detention of passport in the said circumstance is absolutely without any legal or factual basis and that the same has quite adversely affected the rights and interests of the petitioner in travelling abroad. It is stated that the presence of the petitioner is very much necessary at his business place and that one of his three school going children is sick and hospitalised. Since the petitioner stands prevented from going ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , the matter was considered by the third respondent, who passed Ext. P7 order dated 17-12-2014 alleging that the petitioner was found actively involved in smuggling of gold to India as a part of big racket, the key players of which were still at large and hence that retaining of the passport was the only manner in which the petitioner s continuous presence within the country and co-operation with the investigating officer could be ensured. It was declined to release the passport till completion of the investigation and this in turn is under challenge in this Writ Petition. 6. A counter affidavit has been filed on behalf of the respondents, referring to the sequence of events. It is stated that, immediately after the seizure on 30-10-2014 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... persons have not appeared till date. A statement has already been recorded from the petitioner under S. 108 of the Customs Act and a statement has been taken from one of his aids by name Abdulla on 21-11-2014. 8. Searches have been conducted in the residence of the petitioner, Abdulla, Anaz, Jaison, Alim and Ajim by the Customs Preventive Commissionerate at Kannur and Kochi on 18-11-2014 and 20-11-2014 followed by issuance of summons under S. 108 of the Customs Act and asking them to appear. Summons sent to the persons by name Anaz, Jaison, Alim and Ajim have not evoked any response and they are still to appear. It is stated that the petitioner is having deep relation with other suspects and two among the suspects, viz., Alim @ Abdul Hal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d incorporated as a condition in Ext. P3 order while granting the bail; more so, when it is stated as effected only to facilitate co-operation of the petitioner and to ensure availability of the petitioner for completing the investigation. The petitioner s version that he is not involved in any other crime and has no criminal background is not sought to be rebutted from the part of the respondents with reference to any specific incriminating instance. It has also come on record that investigation is still to be completed and no case has been registered against the petitioner. Since the proceedings are only in the preliminary stage, whether the petitioner should be detained preventing him from pursuing his business abroad and meeting the fam ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... riving him and that deprivation is effected strictly in accordance with such procedure, which cannot be arbitrary, unfair or unreasonable. 13. Coming back to the case in hand, even according to the respondents, detention of the passport of the petitioner, incorporated as one of the conditions in Ext. P3 order granting bail, is only to ensure availability of the petitioner till the investigation is completed. This can be ensured by such other means or measures as well. Detention of the passport virtually disables the petitioner from pursuing his business and earning his living, apart from adversely affecting his right to meet the family, who are settled at Dubai. 14. In the said circumstance, this Court finds that the passport could be ..... X X X X Extracts X X X X X X X X Extracts X X X X
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