Page 142 - ELT_3rd_1st May 2020_Vol 372_Part

364 EXCISE LAW TIMES [ Vol. 372

2020 (372) E.L.T. 364 (Del.)
IN THE HIGH COURT OF DELHI
C. Hari Shankar, J.
DIRECTORATE OF REVENUE INTELLIGENCE
Versus
MOHAMMED NASHRUDDIN
Crl. M.C. No. 6753 of 2019 & Crl. M.A. No. 43696 of 2019 (exemption), decided on
27-12-2019
Prosecution - Criminal prosecution for offences under Section 135 of
Customs Act, 1962 - Bail granted - Permission to travel abroad - Respondent’s
two minor children studying in United Arab Emirates (UAE) and owing to his
being detained in India, studies of children seriously affected - Also, respond-
ent’s business interests also being jeopardized, as a result of his continued
stay in India - Chief Metropolitan Magistrate permitted the respondent to
travel abroad, subject to certain conditions - Details of address of respondent,
during his stay in Dubai, as well as details of his authorized Counsel in India
already provided by him in accordance with the directions - Respondent not
required any more for the purpose of investigation, and requisite examination
of the respondent already conducted - Resultantly, respondent permitted to
travel abroad for a period of two months - However, respondent directed to
register his presence in the Indian Embassy at Dubai every 10 days. [paras 5, 6,
9, 12, 14]
Petition disposed of
CASE CITED
Maneka Gandhi v. UOI — (1978) 1 SCC 248 — Referred ..................................................................... [Para 7]
REPRESENTED BY : S/Shri Talha Abdul Rahman, Advocate with Sumit
Kumar, IO, for the Petitioner.
S/Shri Mukesh Anand, Abhishek Malhotra,
Ms. Yashasvika Sharma and Himanshu Lohiya,
Advocates, for the Respondent.
[Judgment (Oral)]. - CRL. M.A. No. 43696/2019 (exemption) : Allowed,
subject to all just exceptions. Application stands disposed of.
CRL. M.C. No. 6753/2019
1. With the consent of parties, this petition has been taken up for final
disposal.
2. This petitioner, Directorate of Revenue Intelligence (DRI), impugns
order dated 11th November, 2019, passed by the Learned Chief Metropolitan
Magistrate (CMM), Patiala House Courts, New Delhi and order dated 26th No-
vember, 2019 passed by the Learned Additional Sessions Judge, New Delhi Dis-
trict Courts, dismissing the Revision Petition thereagainst, whereby the applica-
tion of the respondent, for permission to travel abroad, has been allowed.
3. Vide order dated 11th November, 2019, the Learned CMM, allowed
an application, filed by the respondent herein, for permission to travel abroad.
4. The respondent, who is a holder of an Indian passport, is facing trial
EXCISE LAW TIMES  1st May 2020  142