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2017 DIGILAW 559 (GUJ)

Rajeshkumar Bhimji Panchal v. State of Gujarat

2017-03-10

J.B.PARDIWALA

body2017
ORDER : J.B. Pardiwala, J. 1. Rule returnable forthwith. Ms. Thakore, the learned APP waives service of notice of rule for and on behalf of the respondent No. 1 - State of Gujarat. Mr. Ankit Shah, the learned advocate waives service of notice of rule for and on behalf of the respondent Nos. 2 and 3. By this application, the applicant-original petitioner has prayed for the following reliefs:- (A) Direct the Court of learned Additional Chief Metropolitan Magistrate, Ahmedabad, to release the passport of the applicant for a period of 6 months in connection with File No. VIII/10-43/AIU/HQ/2015, and further be pleased to permit the applicant to leave the country during the said period of 6 months, on such terms and conditions that may be deemed just and proper in the facts and circumstances of the case and consequently (B) Pending admission and final hearing of this petition, the Honourable Court may be pleased to direct the Court of ld. Additional Chief Judicial Magistrate, Ahmedabad to release the passport of petitioner for a temporary period of 6 months and further be pleased to permit the applicant to leave the country during the said period, and (C) Grant any other relief or pass any other order which the Honourable Court may consider as just and proper. 2. It appears from the materials on record that the applicant herein-upon his arrival at the Ahmedabad International Airport, was detained by the Customs Authorities as he was found to be in possession of the gold. The gold was seized and the applicant was arrested. He was produced before the Court of the learned Additional Chief Metropolitan Magistrate, Court No. 24, Ahmedabad. The applicant preferred a bail application, which was allowed vide order dated 8-8-2015. While releasing the applicant herein on bail, a condition was imposed that the applicant shall surrender his passport before the Customs Authorities. Accordingly, the passport was handed over by the applicant to the Customs Authorities. 3. In the meantime, the Customs Department lodged a complaint before the Court concerned under Section 135 of the Customs Act. The Court concerned has taken cognizance and issued summons. It is submitted on behalf of the applicant that over a period of time, he is serving at Saudi Arabia as a Welder. He is likely to lose his job, if he is unable to reach the Saudi Arabia in time. The Court concerned has taken cognizance and issued summons. It is submitted on behalf of the applicant that over a period of time, he is serving at Saudi Arabia as a Welder. He is likely to lose his job, if he is unable to reach the Saudi Arabia in time. In such circumstances, he prays for return of the passport at least for a minimum period of six months. 4. Pursuant to the notice issued by this Court, Mr. Ankit Shah, the learned Additional Standing Counsel has appeared for the Customs Department. He has opposed this application. 5. Having heard the learned counsel appearing for the parties and having considered the materials on record, I am of the view that for the purpose of employment, the applicant should be permitted to leave India. He is likely to lose his job. 6. In such circumstances, the condition imposed by the Court of learned Additional Chief Metropolitan Magistrate, Ahmedabad, vide order dated 8-8-2015, directing the applicant not to leave the country is hereby suspended for a period of six months. The Customs Authorities are directed to hand over the passport to the applicant at the earliest. While handing over the passport, the applicant shall furnish all the relevant informations regarding his place of employment in Saudi Arabia including the name of the employer with whom he works. The applicant shall also furnish his permanent residential address of the Saudi Arabia. He shall return on or before the expiry of the six months from the date of his departure. On his arrival in India, the applicant shall immediately return his passport to the customs authorities. The applicant shall also furnish a personal bond of Rs. 25,000/- (Rupees Twenty Five Thousand Only) to the satisfaction of the learned Trial Court. 7. With the above, this application is disposed of. Rule is made absolute to the aforesaid extent.