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2016 (4) TMI 1025

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..... Director General, Central Excise had given sanction vide order dated 25.05.2015 for launching prosecution. Since it has come on record that the prosecution has been launched against the petitioner and his company and the case has been filed in the Court of Chief Judicial Magistrate, Meerut, Uttar Pradesh, this Court is of the considered opinion that this Court ceased to have any jurisdiction as this Court is having no territorial jurisdiction to deal with the matter. Therefore, no case is made out to direct the respondent to release the passport or to grant permission to the petitioner to go abroad. - Petition disposed of - CRL. M. C. No. 4905/2015 - - - Dated:- 3-3-2016 - P. S. Teji, J. For the Appellant : Mr. Ramakant Gaur Ms. .....

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..... ioner was admitted to CLBS and released on 16.10.2015 and he has been counselled for liver transplantation. The petitioner has prayed for directing the respondent to release the passport of the petitioner for renewal and for traveling abroad for a period of six months. 3. Reply to the petition has been filed by the respondent in which the contentions made in the petition have been opposed. In the reply, it has been submitted that the petitioner is involved in a serious offence of evasion of Central Excise duty and if he is granted permission to go abroad, he may not return. It is further submitted that vide order dated 25.05.2015, the Director General of the respondent sanctioned launching of prosecution against the petitioner and his compa .....

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..... a petition being Crl.M.C. 1444/2010 and vide order dated 13.05.2010, the petitioner was granted permission to go abroad for seven days subject to furnishing FDR in the sum of ₹ 5 lakhs. The respondent was directed to give back the passport to the petitioner so that he could go abroad. 7. The respondent along with their reply to the petition has placed on record the complaint case filed before the Chief Judicial Magistrate, Meerut being Case No.3543 of 2015. 8. Perusal of the above complaint shows that the prosecution has been launched against the petitioner and his company and others for commission of offences punishable under Section 9 9AA of the Central Excise Act for evasion of excise duty to the tune of ₹ 65 crores. .....

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