TMI Blog2021 (6) TMI 437X X X X Extracts X X X X X X X X Extracts X X X X ..... om 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. - CRL.REV ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 8.8.2019 and seized under seizure memo dated 28.8.2019. It is alleged that the petitioner was found in possession of foreign currency equivalent to ₹ 65,00,000/- in her check-in-baggage. It is averred that petitioner was enlarged on bail vide order dated 25.10.2019 by learned CMM, Patiala House Courts, New Delhi imposing the condition that petitioner would not travel abroad without the permission of the court. It is averred that petitioner filed an application seeking release of her passport, which was dismissed by learned CMM vide order dated 10.12.2019. Thereafter, another application was filed by the petitioner seeking release of passport, which was allowed vide order dated 8.6.2020 by learned CMM Patiala House Courts. The said ord ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... etitioner to visit abroad for a period of six months on certain conditions. The said order of learned CMM was challenged by the Department-respondent before the District and Sessions Judge, Delhi, and vide order dated 10.2.2021, Sessions Court had set aside the order granting permission to the petitioner to abroad. 4. The respondent-Department has filed reply. In reply, it is averred that there is no infirmity or illegality in the impugned order. It is further submitted that petitioner is a foreigner so she has no interest in India and in case the petitioner is allowed to go abroad she would not return India to face trial. It is submitted in the reply that show cause notice dated 29.12.2020 has been issued proposing confiscation of the c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... currency inadvertently. He further submitted that petitioner has remained in India for about one year and six months and petitioner, being a lady, aged about 54 years, is facing extreme hardship in living in Delhi. It is further submitted that petitioner is a lady aged about 54 years and her husband, who is aged about 64 years, is suffering from various old aged ailments and requires regular check up and care. It is further submitted by learned counsel for the petitioner that there is no one to take care of the family of the petitioner. He submitted that the sister of the petitioner has met with an accident and is in serious condition in the hospital. It is submitted that learned CMM, on the basis of considering the medical report and photo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... been vehemently argued by learned counsel for the petitioner that sister of the petitioner has met with an accident and learned Metropolitan Magistrate granted permission to go aboard on the basis of those documents. 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 fro ..... X X X X Extracts X X X X X X X X Extracts X X X X
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