AVINASH BHOSALE Vs. UNION OF INDIA

JUDGEMENT

(1.) WE have perused the order dated 4th March, 2008 passed by the Supreme court in Special Leave to Appeal (Cri.) No. 1564/2008,

(2.) THIS is an application filed by the petitioner being Criminal Application No. 103/ 2008 in Criminal Writ Petition No. 2432/2007 wherein the petitioner made a prayer that he be permitted to travel abroad during the vacation period. However, that could not materialise and resultantly, the application has been rendered infructuous and is disposed of. In the main petition, the petitioner has stated that the passport of the petitioner has been seized and is not now being returned by the respondent. The petitioner being citizen of India has definitely right to travel abroad and respondent should be permitted to return/release the passport which was seized on 27th December, 2007. It is averred by the petitioner that suspension of the respondent primarily is in relation to certain financial transactions which are alleged to have been conducted by the petitioner in an unauthorised manner. It is averred that proceedings under FEMA were initiated against the petitioner on 5th March, 2008 and they have been culminated into passing a final order of adjudication on 21st April, 2008 and it is this amount of penalty imposed to the extent of Rs. 2,84,000/- which has already been paid by the petitioner and thus, departmental proceedings have come to an end. It is further averred that under the customs Act, the proceedings have been initiated against the petitioner and they have already resulted in compounding before the competent jurisdiction who by order dated 15th February, 2008 has permitted compounding of the offence and the petitioner has paid the compounding fee as directed by the Court and agreed by the department. It is also stated that two Show cause Notices under the Customs Act have been issued to the petitioner and the adjudication proceedings thereupon have already been completed. Fine/penalties have been paid. Under these circumstance, it is stated that pendency of proceedings by the respondent under section 37 of the Foreign exchange Management Act, does not justify detention of the passport as complete investigation has already been conducted.

(3.) HOWEVER, according to the learned additional Solicitor General, it is averred that the petitioner is not fully co-operating. Secondly, the proceedings under 37 of the act which further empowers the department to exercise their inherent powers under the provisions of the Customs Act, they have seized the passport and therefore, because of the non-co-operative attitude of the petitioner, they do not wish to return the passport at this stage. While file is still pending, an order of detention has been extended for a period of three weeks with effect from 20th June, 2008.