DINESH Vs. DIRECTORATE GENERAL OF CENTRAL EXCISE INTELLIGENCE

JUDGEMENT

(1.) This petition under Section 482 of the Code of Criminal Procedure [in brief "the Code"] has been filed for modification of the order dated 01.02.2010 passed by this Court in Misc. Criminal Case No.32 of 2010.

(2.) The applicant has been arrested in relation to Crime No.01/2009 for the offence under Section 9 of the Central Excise Act, 1944 and Section 135 of the Customs Act, 1962. This Court vide order dated 01.02.2010 passed in Misc. Criminal Case No.32 of 2010 granted bail on depositing Rs.40,00,000-00 [Forty Lacs Rupees] cash security by way of 4 bank drafts and subject to furnishing a personal bond of Rs.1,00,000-00 [One Lac Rupees] with one surety in the like amount to the satisfaction of C.J.M., Indore. Besides this, it is also directed that the applicant shall deposit his passport with the Central Excise Department during pendency of the investigation. Now the investigation has been completed, therefore, the Non-applicant be directed to return the applicant's passport as he is a businessman and had business contact at abroad. Therefore, he has frequent visit to many places at abroad. It is also submitted that to travel abroad is a fundamental right of a person which should not be curtailed without any reasonable grounds.

(3.) The applicant has filed an application, I.A. No.3381/2016, and prays for taking additional documents on record. These documents are -