Delhi High Court - Orders
Mohamed Umar Turay vs Customs on 24 August, 2021
Author: Mukta Gupta
Bench: Mukta Gupta
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 1509/2021
MOHAMED UMAR TURAY ..... Petitioner
Represented by: Mr.Anoop Kumar Gupta, Advocate.
versus
CUSTOMS ..... Respondent
Represented by: Mr.Vishal Chadha, Advocate.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
ORDER
% 24.08.2021 The hearing has been conducted through Video Conferencing.
1. By this petition, petitioner had sought interim bail for a period of three months in Crime No.VIII (AP)/10/P&I/2580- B/Departure/2019 under Sections 8/21/23/28 of the NDPS Act, on the complaint filed by the Customs Department on ground of ailment of the wife.
2. Before the learned Trial Court, the petitioner took various grounds including that the wife has been advised lithotripsy and the said application was dismissed by the learned Special Judge, NDPS Court on the ground that no document had been filed to show that Ms.Ella is the wife of the petitioner.
3. With this petition, the petitioner filed various documents including documents from Metro Hospital wherein the prescription slip qua Ms. Ella notes history of Hepatitis -B. Vide order dated 13th May, 2021, this Court noted that though copy of prescription from the Doctor has been filed, however, no supporting documents to show that the petitioner's wife is Signature Not Verified BAIL APPLN. 1509/2021 Page 1 ofSigned Digitally 2 By:JUSTICE MUKTA GUPTA Signing Date:24.08.2021 20:36:42 suffering from Hepatitis -B have been placed on record. Thus learned counsel for the petitioner sought time to file medical documents in this regard. On 16th July, 2021 additional document in the form of report of the petitioner's wife indicating that she was suffering from Hepatitis-B was placed on record.
4. A status report has been filed verifying the said document and the original report was collected from GTB Hospital which showed the result as 'negative of Hepatitis -B' for Ms.Ella. It is thus evident that a forged and fabricated document showing that Ms. Ella has been diagnosed and is suffering from Hepatitis -B positive has been placed on record.
5. Faced with this situation, learned counsel for the petitioner seeks leave to withdraw this petition, however, in view of the fact that the pairokar of the petitioner i.e. Ms. Ella has placed on record forged and fabricated documents before this Court and relied thereon, the respondent is permitted to lodge a FIR in relation to forged documents placed before this Court, before the concerned Police Station who would take action thereon in accordance with law.
6. Petition is disposed of with these directions.
7. Order be uploaded on the website of this Court.
MUKTA GUPTA, J.
AUGUST 24, 2021 'vn' Signature Not Verified BAIL APPLN. 1509/2021 Page 2 ofSigned Digitally 2 By:JUSTICE MUKTA GUPTA Signing Date:24.08.2021 20:36:42