Gujarat High Court
Hasanbhai Khanubhai Qureshi vs State Of Gujarat on 10 October, 2018
Author: A.J. Desai
Bench: A.J.Desai
R/SCR.A/7848/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 7848 of 2018
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HASANBHAI KHANUBHAI QURESHI
Versus
STATE OF GUJARAT
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Appearance:
MR MOHAMADZAID I SAIYED(8411) for the PETITIONER(s) No. 1
MR M.NISAR VAIDHYA(3386) for the PETITIONER(s) No. 1
MR PY DIVYESHVAR(2482) for the RESPONDENT(s) No. 2
MS MOXA THAKKAR, ADDL. PUBLIC PROSECUTOR(2) for the
RESPONDENT(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE A.J.DESAI
Date : 10/10/2018
ORAL ORDER
An affidavit in reply is filed on behalf of the respondent No.2, which is taken on record.
1. By way of the present petition under Article 226 of the Constitution of India, the petitioner has prayed for the following relief.
"YOUR LORDSHIPS MAY BE PLEASED TO modify the condition No.5 in the order at (AnnexureA) 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 allow the passport of the petitioner to be given to him is surrendered with passport custody Register No.61/2016 surrendered by the petitioner and allow him to leave the territory of India in the interest of justice and equity."Page 1 of 3 Downloaded on : Sat Dec 21 11:53:57 IST 2019
R/SCR.A/7848/2018 ORDER
2. The petitioner is seeking release of his Passport bearing No.K 4226952 which the petitioner had 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 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 passport of the petitioner shall not be released and present petition shall be dismissed.Page 2 of 3 Downloaded on : Sat Dec 21 11:53:57 IST 2019
R/SCR.A/7848/2018 ORDER
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 and considering the affidavit in reply filed on behalf of the respondent No.2, present petition is allowed. Passport of the petitioner shall be handed over to the petitioner, however the petitioner shall not leave India without prior permission of 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.
Direct service is permitted.
(A.J. DESAI, J.) Ajay** Page 3 of 3 Downloaded on : Sat Dec 21 11:53:57 IST 2019