Sampson Chibuzor Madukolu v. State of Kerala, Represented By Public Prosecutor
2025-04-29
EASWARAN S.
body2025
DigiLaw.ai
ORDER : Easwaran S., J. The present Crl.M.C. is preferred seeking for a direction by invoking the powers of this Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS) to give effect to the directions contained in Annexures I and II, and for a direction to the respondents to facilitate the petitioners to travel to Nigeria, since they are in possession of valid travel documents. 2. The brief facts necessary for disposal of this Crl.M.C. is as follows: The petitioners are nationals of the Federal Republic of Nigeria and they were convicted by the Judicial First Class Magistrate Court, Chavakkad, for offences under Section 12(1) (c) of the Passport Act and Section 14A of the Foreigners Act read with Rule 3(1)(a) of the Foreigners Order. The petitioners were arrested on 01.02.2019 and have been either detained or imprisoned since then. By Annexure-I order, the Magistrate has sentenced the petitioners for simple imprisonment for a period of one year for the offence punishable under Section 12(I)(c) of the Passport Act and for a period of two years and to pay fine of 20,000/- for the offence punishable under section 14A of the Foreigners Act read with Section 3(I)(a) of the Foreigners Order 1948. It appears that since the petitioners were detained on 01.02.2019 and continued till the date of the conviction, it was ordered that the period spent by them in detention be reckoned and set off towards the punishment imposed by the Court. The present grievance of the petitioner is that even after the period of imprisonment being set off as against the period of detention, they are not allowed to travel abroad to their country. 3. When this Crl.M.C. came up for consideration before this Court on 11.04.2025, the following interim order was passed: I have heard the learned counsel for the petitioners and the learned DSGI. 2. This Court is of the opinion that insofar as the petitioners have served the sentence imposed on them, their departure from India cannot be prevented by citing technical or procedural reasons. Therefore, if the petitioners book their tickets with advance notice to the FRRO concerned and produce the same before this Court, a positive direction can be issued, taking into account the order passed by this Court in Crl.M.C.4660 of 2024 under almost similar circumstances. Post on 29.04.2025.” 4.
Therefore, if the petitioners book their tickets with advance notice to the FRRO concerned and produce the same before this Court, a positive direction can be issued, taking into account the order passed by this Court in Crl.M.C.4660 of 2024 under almost similar circumstances. Post on 29.04.2025.” 4. Today, when the matter is taken up for consideration, Smt.Niharika Hema Raj, the learned counsel appearing for the petitioners placed on record the travel documents in the form of tickets purchased by them pursuant to the order dated 11.04.2025. 5. On the other hand, Smt.Mini Gopinath, the learned counsel appearing on behalf of the respondents submitted that the petitioners have purchased the tickets for travel from Mumbai and in such circumstances, an official will have to be deputed from Kerala to Mumbai to oversee the fact as to whether the petitioners have boarded their flight to Nigeria. 6. The learned counsel for the petitioners further points out that as per the instructions received by them from the Foreigners Regional Registration Officer, the 3rd respondent, they will have to purchase tickets for travel from Kochi to Mumbai by train to be purchased by the Police Department and an official of the 3rd respondent shall accompany them. The learned counsel for the petitioners apprehends that this may cause hindrance to their travel from Mumbai to Nigeria as scheduled to take place on 22.05.2025. 7. The learned counsel for the petitioners further relies on the decision of the Single Judge of this Court in Crl.M.C. No.4660/2024 wherein in a similar case, directions have been issued by this Court to the Foreigners Regional Registration Officer to provide all assistance to ensure that the foreign national boards the flight on the day of his travel as per the ticket booked by him without unnecessary hassles from any source. 8. In the peculiar facts and circumstances of this case, this Court is not impressed by the argument by the learned counsel for the respondents that the petitioners can travel only from Kochi to Nigeria through alternate sources. So long as this Court has permitted the petitioners to purchase the tickets as per the order dated 11.04.2025, in as much as the petitioners in compliance of the order have already procured the tickets, it is unreasonable to insist upon various other conditions which would cause unnecessary hassles in the travel of the foreign nationals from Mumbai to Nigeria.
So long as this Court has permitted the petitioners to purchase the tickets as per the order dated 11.04.2025, in as much as the petitioners in compliance of the order have already procured the tickets, it is unreasonable to insist upon various other conditions which would cause unnecessary hassles in the travel of the foreign nationals from Mumbai to Nigeria. As regards the apprehension voiced by the learned counsel for the petitioners, this Court suggested to the petitioners that, for the travel from Kochi to Mumbai, the petitioners can themselves make necessary arrangements for the travel by flight, including the tickets for the officials who accompany them to Mumbai to oversee their boarding of flight to Nigeria on 22.02.2025. The learned counsel for the petitioners agreed with the suggestion and agreed that, they will make necessary arrangements either by train or by air, for the accompanying officials also in order to oversee the departure of the petitioners to Nigeria. 9. Considering the totality of the facts and circumstances and also invoking the inherent powers of this Court under Section 528 of BNSS, this Court is of the view that directions can be issued to the 3 rd respondent to depute two officials to oversee the departure of the petitioners from Mumbai on 22.05.2025. The petitioners shall arrange for tickets for travel from Kochi to Mumbai either by rail or by air and intimate the same to the 3 rd respondent atleast ten days before their travel so that the 3 rd respondent can depute two officials to oversee the departure of the petitioners on 22.05.2025 as per the schedule produced before this Court. In such event, the 3 rd respondent shall depute two o oversee the departure of the petitioners. With the aforesaid direction, this Crl.M.C. is ordered.