Madras High Court
Uttamjeet Singh Bagga vs State Rep. By on 25 March, 2024
Author: M.Nirmal Kumar
Bench: M.Nirmal Kumar
Crl.R.C.No.274 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.03.2024
CORAM
THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR
Crl.R.C.No.274 of 2024
Uttamjeet Singh Bagga ... Petitioner
Vs.
State rep. by
The Inspector of Police,
PEW – Madhurantakam Police Station,
Chengalpattu District.
(Cr.No.433 of 2022). ... Respondent
PRAYER: Criminal Revision is filed under Section 397 r/w 401 of the Code
of Criminal Procedure, to set aside the order dated 19.01.2024 passed in
Crl.M.P.No.27 of 2024 in C.C.No.127 of 2023 on the file of Learned Judicial
Magistrate No.I, Madhurantakam.
For Petitioner : Mr.T.Suriya for
Mr.V.Purushothaman Reddy
For Respondent : Mr.S.Raja Kumar
Additional Public Prosecutor
ORDER
The petitioner/accused in Crime No.433 of 2022 for offence under Sections 4(1)(aaa), 4(1-a) & 7(a) of the Tamil Nadu Prohibition Act and Sections 7 & 11 of the Tamil Rectified Sprit Rules, 2000, was arrested by the respondent Police on 30.11.2022, at that time, his passport was seized and Page No.1 of 11 https://www.mhc.tn.gov.in/judis Crl.R.C.No.274 of 2024 retained by the respondent, hence, he filed a return of property petition in Crl.M.P.No.1455 of 2023 before the learned Judicial Magistrate No.I, Madhuranthakam. The learned Magistrate vide order, dated 11.04.2023 ordered return of passport to the petitioner with conditions. One of the condition is that the passport authorities to be informed about the pendency of the case against the petitioner and further without getting prior permission from the Court, the petitioner not to be permitted to leave the country and the respondent Police was directed to inform this restriction condition to all concerned. Now, investigation completed and charge sheet filed before the learned Judicial Magistrate No.I, Madhuranthakam, hence, petitioner filed Crl.M.P.No.27 of 2024 in C.C.No.127 of 2023 to relax the said condition of imposing restriction on petitioner's movement. This petition dismissed by the learned Judicial Magistrate No.I, Madhuranthakam vide order, dated 19.01.2024. Against which the present Criminal Revision Case is filed.
2.The learned counsel for the petitioner submitted that earlier, the respondent Police issued look out circular against the petitioner. The petitioner on arrival to India through New Delhi Airport on 23.11.2022 was detained on the look out notice. The petitioner was handed over to the Airport Page No.2 of 11 https://www.mhc.tn.gov.in/judis Crl.R.C.No.274 of 2024 Police on 24.11.2022 and then he was taken custody in the above case. Initially, the petitioner was shown as A6 and after investigation, he is now arrayed as A9 in C.C.No.127 of 2023. At the time of arrest, the petitioner's passport retained and informed to the trial Court. Later, the passport returned to the petitioner by the Court below vide order, dated 11.04.2022 in Crl.M.P.No.1455 of 2023 with onerous condition restricting the petitioner's movement. The petitioner's travelling and movement cannot be restricted which is a fundamental right and the same has been reiterated by the Hon'ble Apex Court in Menaka Gandhi case. He further submitted that the petitioner already filed an quash application in Crl.O.P.No.19234 of 2023 to quash the proceedings in C.C.No.127 of 2023 before this Court and this Court by order, dated 21.09.2023 finding prima facie case made out had admitted the petition and ordered notice to the respondent Police and further dispensed with the personal appearance of the petitioner before the trial Court in C.C.No.127 of 2023 and the quash petition is pending.
3.He further submitted that the petitioner earlier left India on 07.04.2022 and returned back only on 23.11.2022. The occurrence date as per the prosecution is on 17.05.2022, on which day, admittedly, the petitioner was Page No.3 of 11 https://www.mhc.tn.gov.in/judis Crl.R.C.No.274 of 2024 not in country and there is nothing to show that the petitioner had conspired or have anything to do with the other accused in the above case. He further submitted that the petitioner is the Director of Sunshine Coast Winemaking Company situated at 747 North Road, Gibson, B.C., Canada. Due to the petitioner's detention in India endlessly, his business affected and work permit is going to be expired in the month of March 2024. For that reason, he has to travel to Canada to attend the company work in finalizing the financial records and business transactions otherwise he would lose his employment and further his company might take action for non-complying to the employment conditions.
4.He further submitted that the petitioner's wife, daughter and son are residing in Canada and he has to meet his family. The petitioner reliably understands that legal proceedings in C.C.No.127 of 2023 would take some time to proceed and get concluded. Till such time, the petitioner if forced to stay in India, he would be put to irreparable loss and sufferings. The petitioner seeks only a short duration travel permission to visit Canada to fulfil his obligations and thereafter, he will return back. The petitioner's mother and brother and other immediate family members are residing in India, Page No.4 of 11 https://www.mhc.tn.gov.in/judis Crl.R.C.No.274 of 2024 he has got deep social roots in India. Thus, the apprehension that the petitioner might leave India and abscond does not arise. Hence, he prayed for removal of petitioner's travel restrictions and to inform the authorities to ensure that the petitioner to have smooth travel and further the petitioner undertakes to appear before the trial Court as and when required, his absence would no way hinder the progress of the trial. The petitioner shall file an affidavit giving details of his travel, date of departure and arrival, place of stay, his communication address and also offer sufficient surety.
5.The learned Additional Public Prosecutor appearing for the respondent Police filed counter stating that on 17.05.2022, the defacto complainant viz., Mr.Thennarasan, the Inspector of Police, Central Investigation Unit, Salem Zone lodged a complaint before the respondent Police stating that on 17.05.2022 getting a secret information at about 09.45 a.m., he went to Madhuranthakam to Vedanthangal road, in front of Sun Pharma situated within the jurisdiction of Saththamal village. At that time of vehicle checkup, the respondent stopped the vehicle bearing registration No.KA 01 AE 1767 after that the Driver along with two members escaped from the scene of occurrence. Further, the respondent Police checked the Page No.5 of 11 https://www.mhc.tn.gov.in/judis Crl.R.C.No.274 of 2024 vehicle and found 27,000 litres of rectified spirit. Thereafter, a case in Crime No.433 of 2022 for offence under Sections 4(1)(aaa), 4(1-a) & 7(a) of the Tamil Nadu Prohibition Act and Sections 7 & 11 of the Tamil Rectified Spirt Rules, 2000 registered on 17.05.2022. He further submitted that on 09.06.2022, the respondent Police sent requisition to the Superintendent of Police, Chengalpet for initiation of look out circular against the petitioner. Then on 10.06.2022, the Superintendent of Police, Chengalpet gave a letter to request the Assistant Director, Bureau of Immigration, Ministry of Home Affairs, Government of India, New Delhi for issuing a look out circular against the petitioner. On 23.11.2022, based on the fax from New Delhi Airport, the respondent Police arrested the petitioner and produced him before the Patiala House Court, New Delhi and got transit warrant from the concerned Court. Then on 25.11.2022, the respondent Police obtained confession statement from him and produced him before the Judicial Magistrate No.I, Madhuranthakam and remanded into the judicial custody. During investigation, the respondent Police altered Sections 4(1)(aaa), 4(1-a) of the Tamil Nadu Prohibition Act r/w 7 & 11 of Tamil Nadu Rectified Sprit Rules 2000 & Section 7 of Tamil Nadu Prohibition Act 1937 (Transporting) @ 4(1)(aaa) of the Tamil Nadu Prohibition Act r/w 7 & 11 of Tamil Nadu Page No.6 of 11 https://www.mhc.tn.gov.in/judis Crl.R.C.No.274 of 2024 Rectified Sprit Rules 2000 & 7 of Tamil Nadu Prohibition Act, 1937 (Transporting) and 109 IPC. Then on 28.04.2023, the respondent Police filed charge sheet against the nine accused and the same was taken on file as C.C.No.127 of 2023.
6.He further submitted that in this case, on previous hearing i.e., on 13.03.2024, A1, A3, A5 and A9/petitioner present, A2 absent, hence, 317 Cr.P.C petition filed, fresh summons issued to A4, A6 to A8 and the case is now posted on 18.04.2024. In this case, unless all the accused have appeared, received the copies and charges framed, the petitioner's presence in India is very much necessary otherwise the progress of the case in C.C.No.127 of 2023 would get stalled. The only objection of the learned Additional Public Prosecutor is that if the petitioner is permitted to leave the country, he will not cooperate with the trial and thereby, the entire trial would get stalled.
7.In reply, the learned counsel for the petitioner submits that the petitioner will not be any reason for delay in progress of the trial. On instructions, she submits that the petitioner will appear before the trial Court on 18.04.2024 and copies can be furnished to him and thereafter, charges can Page No.7 of 11 https://www.mhc.tn.gov.in/judis Crl.R.C.No.274 of 2024 be framed. After framing of charges, the petitioner may be permitted to travel to visit his family in Canada and take care of his business.
8.Considering the submissions and on the undertaking given by the petitioner, this Court is inclined to permit the petitioner to travel abroad with the following conditions:
(i)the petitioner is permitted to travel Canada after completion of furnishing copies and framing of charges in C.C.No.127 of 2023.
(ii)the petitioner is directed to file an affidavit before the trial Court giving details of his departure, arrival, place of stay/address, contact details in Canada as well as in India.
(iii)the petitioner is directed to file another affidavit before the trial Court that the petitioner's absence will no way hinder or hamper the progress of the trial in C.C.No.127 of 2023 and that the petitioner shall not dispute his identity and be represented through his Advocate.
(iv)the petitioner is directed to return back to India within sixty days from the date of departure.
(v)the respondent Police is directed to send a communication to the immigration authority viz., the Assistant Director, Bureau of Immigration, Page No.8 of 11 https://www.mhc.tn.gov.in/judis Crl.R.C.No.274 of 2024 Ministry of Home Affairs (MHA), Government of India, New Delhi through the Superintendent of Police, Chengalpet to withdraw the look out circular issued against the petitioner. It is seen that the Superintendent of Police, Chengalpet requested the immigration authority on 10.06.2022 for issuance of look out circular against the petitioner and to detain him on his arrival. Now the petitioner was detained on 23.11.2022, hence, the purpose of issuance of look out circular no more exits. In view of the same, the Assistant Director, Bureau of Immigration, Ministry of Home Affairs (MHA), Government of India, New Delhi is directed not to restrain the movement of the petitioner if he is got valid travel documents.
9.The petitioner without prejudice to his contention is coming forward to pay a sum of Rs.1,00,000/- to any de-addiction centre. Hence, the amount of Rs.1,00,000/- to be paid in favour of of Sri Ramachandra University, Porur Branch, Sri Ramachandra University, Ramachandra Nagar, Porur, Chennai- 600 116 in A/c.No.CA 6203243021, IFSC Code:IDIB000S180 Indian Bank. This amount of Rs.1,00,000/- shall be utilized for the purpose head and neck cancer surgeries, Department of Oral and Maxillofacial Surgery. Page No.9 of 11 https://www.mhc.tn.gov.in/judis Crl.R.C.No.274 of 2024
10.It is made clear that the petitioner shall produce the proof of payment for Rs.1,00,000/- at the time of filing affidavit before the trial Court.
11.In the result, the impugned order, dated 19.01.2024 in Crl.M.P.No.27 of 2024 in C.C.No.127 of 2023 passed by the learned Judicial Magistrate No.I, Madhuranthakam is set aside. Accordingly, this Criminal Revision Case stands allowed.
25.03.2024 Speaking order/Non-speaking order Index: Yes/No Internet: Yes Neutral Citation: Yes/No vv2 To
1.The Judicial Magistrate No.I, Madhuranthakam.
2.The Inspector of Police, PEW – Madhurantakam Police Station, Chengalpattu District.
3.The Public Prosecutor, High Court, Madras.
Page No.10 of 11 https://www.mhc.tn.gov.in/judis Crl.R.C.No.274 of 2024 M.NIRMAL KUMAR, J.
vv2 Crl.R.C.No.274 of 2024 25.03.2024 Page No.11 of 11 https://www.mhc.tn.gov.in/judis