Chief Enforcement Officer/enforcement Director v. Jairaj V. Java
2000-01-10
K.T.THOMAS, M.B.SHAH
body2000
DigiLaw.ai
(1) LEAVE granted. (2) WE are satisfied that the respondent though had gone abroad, has come back on being so directed by this Court. Hence there is nothing to indicate that the respondent would try to abscond. If so, for the speedy progress of the trial we direct the respondent to surrender his passport before the trial court so as to ensure his presence during the time of trial. (3) LEARNED counsel has submitted that the family of the respondent is now residing in Dubai and his business is also centred at that place and hence he may have to go to Dubai for short durations. We permit the respondent to approach the High Court and secure permission for going abroad during any interval which the High Court deems necessary to be granted after hearing both sides. In view of the peculiar situation of the respondent (his family being in Dubai and himself to be in India to face the trial), we direct the trial court to expedite the trial and in strict compliance with Section 309 of the Code of Criminal Procedure. If the trial court has to depart from that procedure envisaged under Section 309, the trial Judge must obtain permission from the High Court for doing so. (4) THERE is no need to retain the stay order granted by the High Court as per the impugned order as that would hamper the progress of the trial. We therefore vacate the stay and direct the trial court to proceed with the trial. This will be without prejudice to the respondent to pursue the petition filed by him before the High Court. It is open to the High Court to dispose of Criminal Application No. 1634 of 1998 without stopping the progress of the trial in the meantime. (5) WITH the above observations and directions this appeal is disposed of.