DIRECTORATE OF REVENUE INTELLIGENCE Vs. DR. BERND AUGUSTINE

JUDGEMENT

(1.) This is a petition under Sec. 482 Cr.P.C challenging the impugned orders dated 20th Dec., 2016 and 21st Dec., 2016 passed by learned CMM, New Delhi in case title "DRI Vs. Dr.Bernd Augustine".

(2.) It is submitted by learned counsel for the petitioner that the impugned order dated 20th Dec., 2016 granting permission to the respondent to travel Germany and impugned order dated 21st Dec., 2016 releasing passport to the respondent is bad in law. He has further submitted that there is apprehension that the respondent will not return India to face trial. He has further submitted that to meet the ends of justice, the impugned orders be set aside.

(3.) Learned counsel for the respondent has vehemently opposed the contention of learned counsel for the petitioner and submitted that the present petition confines to the subject of allowing the respondent going abroad. He has further submitted that on 09.12.2016 the respondent moved an application seeking permission to travel to his native country i.e. Germany and the respondent was granted permission to go abroad vide order dated 20.12.2016 subject to deposit of Rs. 15 lacs by way of demand draft/bankers cheque/FDR. He has further submitted that on 21.12.2016, the respondent furnished demand draft for a sum of Rs. 15,00,000.00 and the learned CMM, New Delhi directed the petitioner department to release passport of the respondent on that day itself.