SYED ABU ALA Vs. NCB

JUDGEMENT

(1.) The instant application under Sec. 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') has been filed on behalf of appellant/applicant seeking necessary permission to applicant to visit Makka-Madina at Saudi Arabia to perform Umrah and for necessary directions to the Regional Passport Officer, New Delhi to issue passport in favour of appellant.

(2.) Briefly stated, facts of the present case are that the applicant herein had been convicted for commission of offences under Sec. 29 read with Sec. 21(c) of NDPS Act, vide Judgment dated 25-08- 2010 passed by learned Trial Court. Thereafter, vide order on Sentence dtd. 3/9/2010, the applicant had been sentenced to undergo Rigorous Imprisonment for 11 years 6 months along with fine of Rs.2,00,000.00, the present applicant was further convicted under Sec. 25A of NDPS Act and also sentenced to undergo RI for 5 years with fine of Rs.50,000.00. The applicant has undergone a sentence of about 10 years and 3 months and has deposited the fine. The applicant had then preferred an appeal against conviction before this Court, and the sentence of the applicant was suspended by this Court vide order dtd. 30/5/2011 with the condition that the applicant shall not leave the City of Delhi and shall surrender his passport.

(3.) Learned counsel for the applicant argues that the applicant has complied with the terms and condition of the order of suspension and surrendered his passport issued on 30/1/1992 with expiry on 29/1/2002 from Regional Passport Office, Delhi. It is further argued that applicant is continuously complying with all the terms and conditions of order of suspension. It is submitted that the applicant is aged about 73 years old and as per his last wish he wishes to visit scared place i.e. Makka Madina in Saudi Arabia to perform Umrah in the First Week of February 2024. It is submitted that to perform Umrah pilgrimage, one has to take 3 weeks. It is also argued that the appellant has applied for re-issue passport with the Regional Passport Office, New Delhi on 26/12/2023. Thus, it is prayed that the applicant is granted permission for a period of 4 weeks to visit Makka Madina at Saudi Arabia to perform Umrah, and direct Regional Passport Officer New Delhi to reissue, the passport in favour of appellant to enable him to visit, Saudi Arabia to perform Umrah.