Pradeep Kumar Jain v. DRI

1. This is a petition filed by the petitioner for the dispensing of one of the conditions imposed vide order dated 07.10.1999 passed by this Court by virtue of which he was directed to obtain the permission of the Court before going abroad. The contention of the learned counsel of the petitioner is that since the bail order dated 07.10.1999 was passed, the petitioner had travelled abroad on number of occasions after obtaining requisite permission from the Court. It is stated that the petitioner has not misused his liberty.

2. The reply to the application has been filed and it has been stated that whenever the petitioner has applied for permission to go abroad, the same has been granted without any delay and H 2011:DHC:9243 therefore, the prayer for doing away with the condition is not warranted.

3. The learned counsel for the respondent is not able to inform the Court as to whether the complaint u/S 132 read with Section 135 of the Customs Act has been filed against the petitioner.

4. I have heard the learned counsel for the petitioner as well as the learned counsel for the respondent.

5. So far as the dispensing of the condition to obtain permission of Court for undertaking the travel by the petitioner is concerned, the learned counsel for the respondent has not been able to inform regarding the fact as to whether the complaint against the petitioner has been filed or not. Therefore, under these circumstances the petitioner is granted permission to travel abroad after he submits his itinerary to DRI within a period of two weeks from today.

6. It is clarified that henceforth if at all^the permission is required to be obtained by the petitioner, he shall approach the learned Trial Court.

7. Accordingly, the petition stands disposed of. V.K. SHALI,J AUGUST 12, 2011 KP