SULTAN KAMRUDDIN DHARANI Vs. UNION OF INDIA

JUDGEMENT

(1.) The Petitioner has invoked the power of this Court under section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the said Code of 1973") for challenging that part of the order dated 15th April 2006 passed by the learned Additional Chief Metropolitan Magistrate, 3rd Court, Esplanade, Mumbai, by which the Petitioner was directed to deposit the passport with the Customs Department and by which the petitioner was directed not to leave India without the permission of the Court in writing. The question which is raised for consideration in this Petition is whether a Court under the said Code of 1973 while granting bail in a bailable offence can impose a condition of surrender of passport and further condition that the accused shall not travel abroad without permission of the Court.

(2.) The case of the Petitioner is that the officers of the Directorate of Revenue Intelligence arrested the Petitioner under section 104 of the Customs Act, 1962 (hereinafter referred to as "the said Act of 1962") for an alleged offence punishable under section 135(1)(ii) of the said Act of 1962. The Petitioner was arrested on 12th April 2006. A remand application was filed before the learned Magistrate on the same day. The learned Magistrate granted remand though it was contended that the offence was a bailable offence. The Petitioner applied for bail and by order dated 15th April 2006, the learned Magistrate enlarged the Petitioner on bail. The relevant part of the order passed by the learned Magistrate reads thus :-

(3.) Criminal Application No.1564/2006 was filed by the Petitioner in this Court seeking modification of the aforesaid condition. In this Petition, it is stated that the said Criminal Application was withdrawn by the Petitioner. It is stated in the Petition that without prejudice to his rights and contentions, the Petitioner has applied under section 137(3) of the said Act of 1962 for compounding of the offence and the said Application is still pending. The Petitioner has stated in the Petition that the Petitioner has received an invitation to visit New York and therefore, he has filed the present Petition.