Hasanbhai Khanubhai Qureshi vs State Of Gujarat on 17 January, 2020

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Gujarat High Court

Hasanbhai Khanubhai Qureshi vs State Of Gujarat on 17 January, 2020

Bench: A.J.Desai

       R/SCR.A/7848/2018                                              IA ORDER



          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 CRIMINAL MISC.APPLICATION (MODIFICATION OF ORDER) NO. 1 of
                            2019
      In R/SPECIAL CRIMINAL APPLICATION NO. 7848 of 2018
==========================================================

HASANBHAI KHANUBHAI QURESHI Versus STATE OF GUJARAT ========================================================== Appearance:

MOHAMADZAID I SAIYED for the PETITIONER(s) No. MR PY DIVYESHVAR for the RESPONDENT(s) No. MR PRANAV TRIVEDI, LD.APP for the RESPONDENT(s) No. ========================================================== CORAM: HONOURABLE MR.JUSTICE A.J.DESAI Date : 17/01/2020 IA ORDER

1. By way of the present petition under Article 226 of the Constitution of India, the petitioner has prayed for the following relief.

"(A) YOUR LORDSHIPS MAY BE PLEASED TO modify the condition No.5 in the order at (AnnexureB) passed by the Ld. Chief Judicial Magistrate, Bhuj at Kutch on dated 20/12/2016 said order was passed in connection with the Gandhidham Customs Case No.DRI File No.DRI/AZU/GRU/CIG/INT/16/ 2016 registered in contravention of Sections 132 and 135 of the Customs Act and further extend the time period for further one year for keeping passport of petitioner being Passport No.K4226952 in favour of the petitioner and to further permit him to Page 1 of 4 Downloaded on : Sat Jan 18 00:25:02 IST 2020 R/SCR.A/7848/2018 IA ORDER leave territory of India for the said period in the interest of justice and equity.

(B) YOUR LORDSHIPS MAY BE PLEASED TO modify the Paragraph No.7 of the order passed in Special Criminal Application No.7848 of 2018 on dated 10/10/2018 (AnnexureC) passed by this Honourable Gujarat High Court and further extend the time period for further one year for keeping Passport of petitioner being Passport No.K4226952 in favour of the petitioner and to further permit him to leave territory of India for the said period in the interest of justice and equity."

2. The petitioner is seeking to extend the time period for further one year for keeping Passport being Passport No.K- 4226952, which the petitioner had earlier surrendered in the Court of learned Chief Judicial Magistrate, Bhut at Kutch on 23.12.2016 with Passport Custody Register No.61/2016 in compliance of the Condition No.5 of order dated 20.12.2016 passed by the learned Chief Judicial Magistrate, First Class Court, Bhuj at Kutch in connection with Gandhidham Customs Case DRI File No.DRI / AZU / GRU / CIG / INT / 16/ 2016 registered in contravention of Sections 132 and 135 of the Customs Act.

3. It appears that the petitioner had filed one Criminal Misc. Application No.425/2018 on 18.05.2018 for interim custody of Page 2 of 4 Downloaded on : Sat Jan 18 00:25:02 IST 2020 R/SCR.A/7848/2018 IA ORDER Passport before the Court of learned Sessions Judge, Bhuj at Kutch under section 439(1) of the Code of Criminal Procedure, 1973 for a period of three months for the purpose of attending Umrah pilgrimage ceremony at Makkah and Madina Sharif at Kingdom of Saudi Arabia with his family, which was partly allowed by the learned Sessions Judge. However, due to some personal difficulties the petitioner could not go for Umrah pilgrimage.

4. Learned advocate for the petitioner submits that the petitioner is working as a broker / commission agent and dealing in the business of import and export between the companies working in India and abroad and that alongwith business purpose, petitioner also intend to go to perform Umrah pilgrimage, venue of which is at Saudi Arabia and therefore, the petitioner requires his passport for a period of one year.

5. Learned Additional Public Prosecutor has opposed the present petition stating that time shall not be extended and present petition shall be dismissed.

6. Mr. Divyeshwar, learned advocate appearing on behalf of the respondent No.2 opposes the prayer of the petitioner, however requested to pass suitable order.

7. Having heard the learned advocates appearing for respective parties, present petition is allowed. Time for keeping passport of the petitioner being Passport No.K- 4226952 is hereby extended for a period of one year. However the petitioner shall not leave India without prior permission of Page 3 of 4 Downloaded on : Sat Jan 18 00:25:02 IST 2020 R/SCR.A/7848/2018 IA ORDER the learned trial Court. It would be open for the petitioner to request the learned trial Court, whenever the petitioner proposes to go out of India. Itinerary shall be provided to the Investigating Agency.

Direct service is permitted.

[A.J.DESAI, J] DIPTI PATEL Page 4 of 4 Downloaded on : Sat Jan 18 00:25:02 IST 2020

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