9911796707
TMI Blog2024 (1) TMI 1301X X X X Extracts X X X X X X X X Extracts X X X X ..... which has been confirmed by this Court, through Ext.P2 judgment in Crl. Appeal No. 1202/2019, filed by the Assistant Commissioner of Customs, Kochi. 2. The petitioner adds that, in fact, when his passport was ordered to be released by the learned Magistrate, consequent to the afore said judgment, it was challenged by the Department of Customs, impelling Crl.M.C.No. 4257/2019 before this Court, which also has been dismissed, vide Ext.P3; and therefore, that as matters now stand, there are no criminal charges, in any manner whatsoever, against him, he thus being at liberty to travel back home. He says that, however, in order to frustrate his rights stated above, the 3rd respondent is refusing to issue necessary Exit Permit; and therefo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3. He added that, therefore, if the petitioner is now allowed to travel outside India, it would be impossible to secure his presence, if the Hon'ble Supreme Court is to eventually find against him, particularly because there is no Extradition Treaty between the Republic of Ireland and our country. He, therefore, prayed that this writ petition be dismissed. 6. Sri. S. Manu - learned Deputy Solicitor General of India, appearing for respondents 1 to 3, submitted that clients are only acting as per law and answering the requisition of the 4th respondent - Assistant Commissioner of Customs. He added that, therefore, they will abide by any directions to be issued by this Court in this writ petition. 7. When I consider and evaluate the afore dia ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cquitted, which he has been able to do as the afore admitted facts would establish. Pertinently, these assertions were not opposed by the respondents. 10. In the afore circumstances and because this Court cannot find the stand of the 4th respondent - that the petitioner should continue to be detained, solely because they intend to file a Special Leave Petition against Ext.P2 judgment, to be tenable, I am certain that he is entitled to relief. In the afore circumstances and resultantly, this writ petition is allowed; and the 3rd respondent is directed to take necessary steps to allow the petitioner to travel to Ireland as per law and subject to all other statutory and imperative requirements being satisfied, without any avoidable delay, bu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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