The Delhi High Court directed the special judge to expedite the hearing on an application seeking the release of passport concerning the urgency of traveling abroad to pursue studies. The petitioner was restricted from traveling abroad based on the charge sheet filed under the Customs Act, 1962.
The petitioner, Aman Jain petition has been filed under Section 397 read with Section 482 of the Code of Criminal Procedure, 1973 (‘Cr.P.C.’) challenging the order dated 15.11.2022 ( ‘Impugned Order’) passed by the Special Judge (NDPS), South-West District, Dwarka District Courts, Delhi ( ‘Trial Court’) in Custom Case. The petitioner requesting for release of his passport.
The counsel for the petitioner submitted that the petitioner was granted bail by an order passed by the Special Judge. 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. The petitioner has, thereafter, been granted admission at Thompson Rivers University, Vancouver, Canada, to pursue the course in Post Baccalaureate Diploma in Marketing.
Further argued that though the petitioner was arrested on 02.03.2021 in relation to the subject prosecution, the charge sheet has still not been filed. He submits that the charges, in any case, are directed mainly against his brother, namely Lakshay Jain. He submits that while the investigation is ongoing, future of the petitioner cannot be jeopardized.
The Single bench of the High Court viewed that the Supreme Court in Menka Gandhi v. Union of India,held that 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.
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.
The petitioner had moved the above application stating that he had to travel abroad, that is, Canada for pursuing his studies. Presently the petitioner is only an accused of an offence for which even the charge sheet has not been filed, though more than three years have passed since the recovery.
Justice Navin Chawla disposed of the petition by setting aside the Impugned Order passed by the Special Judge. However, the petitioner is granted liberty to file a fresh application before the Special Judge to seek release of his passport.
As the petitioner has expressed urgency for his travel to Canada for pursuing his studies, the Special Judge is requested to expedite the hearing of the application and decide the same within a period of 15 days of such filing.
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