The Delhi High Court directed the matter to the Inspecting Committee of Judges to decide on the issue of Kyrgyzstan National possessing 3 Kgs of Gold at the Airport to go back to Kyrgyzstan.
The allegations leveled against the Ms. Aida Askerbekova and Begaim Akynova holders of Kazakhstan Passport by the Customs Authority are to the effect that they were intercepted at the IGI Airport, New Delhi, having arrived from Almaty and 3150 gms of gold was recovered from the possession of the petitioner and 1875 gms of gold was recovered from the possession of the petitioner with the consolidated recovery as per the Customs Department being 5025 gms which was valued at Rs.1,91,74,395.
Significantly, it has been chosen to have been submitted through the application seeking permission to travel abroad before the learned CMM’s Court in December, 2019, however, the same was dismissed. The applicant preferred a revision petition before the Sessions Court considering the excruciating circumstances of the other co-accused Aida Askerbkova, the applicant had chosen not to press on her relief, that the Sessions Court had passed an order denying permission to the applicant to travel to her home but thereafter the applicant has averred that the applicant along with the co-accused chose to prefer an appeal under Section 482 of the Cr.P.C., 1973 before the Delhi High Court, wherein vide order, the Court allowed the accused Aida Askerbkova to travel to her home and subsequently the Tribunal, Commission of Customs has imposed a fine of Rs.20 lakhs on the applicant.
The Single Judge Bench of Justice Anu Malhothra noted that the Trial Court seized the proceedings on the date January 6, 2021, i.e. the CMM, New Delhi, has apparently not chosen to inquire as to what was the fate of the prayer made by the applicant before the Trial Court in proceedings before the High Court under Section 482 of the Cr.P.C., 1973 vide order despite the applicant thereof having mentioned therein that the High Court of Delhi had allowed the co-accused Aida Askerbkova to travel abroad to her home.
The court observed that the Trial Court did not even choose to ascertain the status of the proceedings in relation to any orders that could or may have been passed and had in fact been passed in the instant case whereby the prayer made by Begaim Akynova to travel abroad had been expressly declined also cannot be overlooked.
“In the circumstances, the matter be also placed before the Inspecting Committee of Judges of this Court qua the learned Trial Court in relation to the virtual non application of mind in the instant case and disregard to the hierarchy of Courts,” the court said.
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