UNION OF INDIA Vs. ZOHRAH OMER A. BANI

JUDGEMENT

(1.) THIS application is filed by the Union of India against 13 Respondents, who are all female and nationals of Yemen.

(2.) THE allegations against them are that they had smuggled gold into India and they were arrested. The gold was seized from their possession and further investigation is going on. The learned Magistrate granted bail to them in R.A.No.116/97 on 20.8.1997 and Union of India has filed this application for cancellation of the bail granted to them. The order of their release was stayed by this Court earlier and therefore, a request was made yesterday for taking up the matter for hearing early as all the 13 women are suffering, because of the stay order passed by this Court, despite the fact that the learned Magistrate had directed their release.

(3.) THEREAFTER Mr.Mehta learned Counsel for the Petitioner, pointed out to me that some of the Respondents have repeatedly visited India and therefore, the learned Counsel was directed to call the Officer concerned with the passport of the respective Respondents in order to consider their case. Today the passports were produced and after going through these passports, it was pointed out that Respondent No.2 Ms.Khadeeja has visited four times within a span of 4 to 5 months; Respondent No.3 Ms.Fatima has also visited India four times in a span of 4 to 5 months; Respondent No.4 Ms.Safia has visited India 13 times; Respondent No.7 visited India as many as 36 times; Respondent No.11 visited India 7 to 8 times within a span of 3 years and Respondent No.13 visited 7 times. However, the remaining Respondents are not repeaters and therefore so far as the above stated Respondents are concerned, I am not inclined to release them on bail presently.