SANJAY SWAROOP Vs. DIRECTOR GENERAL OF CENTRAL EXCISE

JUDGEMENT

(1.) The present petition under Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter shall be referred to as the "Cr.P.C.") has been filed by the petitioner seeking directions for renewal of his passport which expired on 29.04.2014 and for permission to travel abroad for a period of six months.

(2.) In the petition, it is submitted that the petitioner is the director of M/s. Kamakhya Steels Private Limited. The respondent registered a case against M/s. Kamakhya Steels Private Limited for alleged evasion of excise duty to the extent of Rs. 5.7 crores. The petitioner had filed an application being Bail Application No. 761/2008 before this Court seeking anticipatory bail. The said bail application was disposed of vide order dated 01.05.2008 while granting liberty to the petitioner to approach this Court for traveling abroad. It is submitted that the petitioner is suffering from number of ailments and his medical condition is not very good. The petitioner had moved an application vide Crl.M.C. 1444/2010 for going abroad in connection with FIR No. 68/INT/DGCEI/HQ/07/7580. Vide order dated 13.05.2010, this Court allowed the said petition permitting the petitioner to go abroad for seven days and the respondent was directed to give back the passport to the petitioner. It is further submitted that the petitioner is a patient of chronic liver disease. On 14.10.2015, the petitioner was admitted to CLBS and released on 16.10.2015 and he has been counselled for liver transplantation. The petitioner has prayed for directing the respondent to release the passport of the petitioner for renewal and for traveling abroad for a period of six months.

(3.) Reply to the petition has been filed by the respondent in which the contentions made in the petition have been opposed. In the reply, it has been submitted that the petitioner is involved in a serious offence of evasion of Central Excise duty and if he is granted permission to go abroad, he may not return. It is further submitted that vide order dated 25.05.2015, the Director General of the respondent sanctioned launching of prosecution against the petitioner and his company for offences punishable under Sec. 9 & 9AA of the Central Excise Act, 1944 which has been filed in the Court on 30.10.2015. It is further submitted that the prosecution has been launched against the petitioner and if he is permitted to go abroad, he may flee away from the country.