In a recent case, the Delhi High Court, allowed application for release passport which was surrendered before custom department in Narcotic Drugs Psychotropic Substances ( NDPS )crime for pursue higher studies in canada
Petitioner Aman Jain filed the application before the court for releasing his passport which surrendered before the customs department. He was arrested in a NDPS case in Custom Case File on 02.03.2021 and granted bail on 04.06.2021.When he filed a petition for releasing the passport before the special judge who dismissed the application .Hence the petitioner filed another application before the court for releasing the passport.
Before the court the counsel for petitioner argued that the petitioner was granted bail by an order dated 04.06.2021.. One of the conditions imposed for grant of bail to the petitioner was that the petitioner shall surrender his passport before the Customs Department. The petitioner duly complied with the said condition and surrendered his passport.
Further submitted that The petitioner has granted admission at Thompson Rivers University, Vancouver, Canada, for pursuing the course in Post Baccalaureate Diploma in Marketing. The petitioner was arrested on 02.03.2021 in relation to the subject prosecution, the charge sheet has still not been filed.
Petitioner counsel submits that the charges, in any case, are directed mainly against his brother, namely Lakshay Jain. He submits that while investigation is ongoing, the future of the petitioner cannot be jeopardized. 6.
Respondent counsel argued that the investigation is pending and charge sheet could not be filed only because one of the co-accused is presently absconding and proceedings to declare him as Proclaimed Offender are pending before the Court. There are other criminal cases involving drugs trafficking also pending against the petitioner
The bench, while analyzing the submission, observed that the Supreme Court in Menka Gandhi v. Union of India, right to travel abroad is a part of the personal liberty guaranteed under Article 21 of the Constitution of India. It can be curtailed in accordance with a procedure established by law.
Thus the bench observed that the “Special Judge seems to have simply accepted the submission of the learned counsel for the respondent, who was appearing therein, that as the brother of the petitioner has made various communications with drugs traffickers located outside India, the petitioner may hamper the investigation, however, as claimed by the counsel for the petitioner, no material in this regard was placed before the Special Judge.”
After analyzing the facts and arguments of both parties, a single bench of Justice Navin Chawla allowed the Bail application directed to release the passport surrendered before the customs department involved in Narcotic Drugs Psychotropic Substances ( NDPS ) crime to pursue higher studies in Canada.
Rajiv Raheja, Ms.Geetu Raheja, Mr.Siddant Singha advocates appeared for petitioner and Pramod Bahuguna,special public prosecutor appeared for respondent.
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