EDWIN ANDRW MINIHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner is stated to be an Irish citizen, who was involved in a case registered by the Customs, alleging offences under Se[ctions 132 and 135 of the Customs Act, 1962 ('Act' for short). He says that, however, he was acquitted honourably by the Court of the Additional Chief Judicial Magistrate (Economic Offence) Ernakulam, as is evident from Ext.P1; which has been confirmed by this Court, through Ext.P2 judgment in Crl.Appeal No.1202/2019, filed by the Assistant Commissioner of Customs, Kochi.

(2.) The petitioner adds that, in fact, when his passport was ordered to be released by the learned Magistrate, consequent to the afore said judgment, it was challenged by the Department of Customs, impelling Crl.M.C.No.4257/2019 before this Court, which also has been dismissed, vide Ext.P3; and therefore, that as matters now stand, there are no criminal charges, in any manner whatsoever, against him, he thus being at liberty to travel back home. He says that, however, in order to frustrate his rights stated above, the 3rd respondent is refusing to issue necessary Exit Permit; and therefore, prays that the said Authority be directed to do so, within a time frame to be fixed by this Court.

(3.) Sri.Saiby Jose Kidangoor - learned counsel for the petitioner, added to the afore submissions of the petitioner, saying that, there is an imminent requirement for his client to travel to his home country because, his 83 year old mother is seriously ill on account of advanced Atrial Fibrillation and other cardiac related issues, which factum is established through Ext.P4 Medical Certificate. He submitted that any further delay in allowing his client to travel, would cause him irreparable prejudice and detriment, should something happen to his mother.