AIDA ASKERBEKOVA, HOLDER OF KYRGYZSTAN PASSPORT NO. AC 3167256 & BEGAIM AKYNOVA, HOLDER OF KAZAKHSTAN PASSPORT NO. 8622501 Vs. DEPARTMENT OF CUSTOMS

JUDGEMENT

(1.) The petitioners i.e. Ms. Aida Askerbekova, holder of Kyrgyzstan Passport No. AC 3167256 and Begaim Akynova holder of Kazakhstan Passport No. 8622501, both currently in Delhi vide the present petition under Section 482 of the Cr.P.C., 1973 assail the order dated 30.05.2020 of the learned ASJ-03/NDD/PHC/New Delhi in CR No. 881/2019 vide which the said revision petition filed by the petitioners herein as revisionists against the impugned order dated 10.12.2019 of the learned CMM, Patiala House Courts, New Delhi, declining the prayer of the petitioners herein seeking permission to go abroad to their home town in Kyrgyz Republic,- was disallowed whilst upholding the order dated 10.12.2019.

(2.) The allegations levelled against the petitioners by the Customs Authority are to the effect that they were intercepted on 13.09.2019 at the IGI Airport, New Delhi, having arrived from Almaty and 3150 gms of gold was recovered from the possession of the petitioner no.1 and 1875 gms of gold was recovered from the possession of the petitioner no.2 with the consolidated recovery as per the Customs Department being 5025 gms which was valued at Rs.1,91,74,395/-. The petitioners were enlarged on bail vide the order of the ld. CMM, Patiala House Courts, New Delhi, with the condition imposed that they would not travel abroad without the permission of the Trial Court. The petitioners herein moved an application before the learned Trial Court to travel abroad which was declined vide order dated 10.12.2019 of the learned CMM, Patiala House Courts, New Delhi observing to the effect:-

(3.) The petitioners herein being aggrieved by the order dated 10.12.2019 of the learned CMM, PHC, New Delhi filed CR No.881/2019 before the Sessions Court. Vide the impugned order dated 30.05.2020 in CR No.881/2019 whilst holding the revision petition to be maintainable observing to the effect that vide the impugned order of the learned CMM, PHC, New Delhi, the right of the revisionists to travel to their home had been finally decided, it was however, observed vide paragraphs 8 and 9 of the impugned order to the effect:-