TMI Blog2021 (5) TMI 976X X X X Extracts X X X X X X X X Extracts X X X X ..... uld abscond and fail to return to India in case he is permitted to go to his country at this stage and thus misuse his liberty. The investigation in the present case is still underway and charge sheet is yet to be filed. In case, the petitioner is allowed to leave the country, the same will hamper further investigation of this case and the filing of the charge sheet. Moreover, keeping in view the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y the Ld. CMM, New Delhi. 2. Briefly stated the facts of the case are that on the basis of intelligence, the respondent was allegedly intercepted on 01.02.2021 by the Air Custom Officers when he came from Kabul at the IGI Airport, T-3, New Delhi and gold valued at ₹ 82,44,540/- was allegedly recovered from his possession. It is the case of the petitioner that since the respondent appeared ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eking permission to deposit cash instead of FDR and the said application was also allowed vide order dated 04.03.2021. Now these two order i.e. order dated 02.03.3021 and 04.03.2021 have been challenged by the petitioner in the present petition with the prayer to set aside the said orders. 4. It is submitted by the Ld. SPP for the petitioner that the respondent is a foreigner. He has no assets ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t is a poor person, has his family to support in Afghanistan who is virtually on the verge of starvation and there is no one else to look after his family and he is the sole bread earner of his family. It is further submitted that the respondent is mentally disturbed and he came to India for his treatment. It is further submitted that the respondent requires continuous medical treatment and his pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d. In case, the petitioner is allowed to leave the country, the same will hamper further investigation of this case and the filing of the charge sheet. Moreover, keeping in view the nature and gravity of the allegations, it is not a fit case where permission to go abroad should be granted. Consequently, the petition stands allowed. The impugned orders dated 02.03.3021 and 04.03.2021, passed by the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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