-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2105 OF 2007 CRIMINAL WRIT PETITION NO. 2105 OF 2007 CRIMINAL WRIT PETITION NO. 2105 OF 2007 Mr. Iqbal Mohan Mehra .... Petitioner versus The Dy.Director, Directorate of Revenue Intelligence Mumbai and anr. ...... Respondent. Mr. Nitin Pradhan with Mr. Tushar Shah i/b Nirmala K. Vyas for the petiitoner. Mr. R.F. Lambay for Respondent no.1. Mrs. P.P.Shinde APP for State. CORAM; A.P. DESHPANDE, J. CORAM; A.P. DESHPANDE, J. CORAM; A.P. DESHPANDE, J. DATED; 6TH FEBRUARY, 2008 DATED; 6TH FEBRUARY, 2008 DATED; 6TH FEBRUARY, 2008 P.C.; P.C.; P.C.; 1. Rule. Rule made returnable forthwith. Taken up for final hearing by consent of parties. 2. By the present Writ Petition, the petitioner is taking an exception to an order passed by the Additional Chief Metropolitan Magistrate, rejecting the application moved by the petitioner seeking permission to go abroad. At the outset, the learned Special counsel appearing for the respondent, tried to raise an objection that the present petition has been filed without availing the efficacious alternative -2- remedy in the form of revision before Sessions Court. The order impugned being an interlocutory order, no revision would lie under section 397 of Cr.P.C. and for the reasons stated hereafter the present Writ Petition is being entertained. 3. The case against this petitioner has been filed in the year 2000 and from the year 2000 till 2007, the petitioner has travelled abroad for 6/7 times, without committing any breach of the condition, subject to which he was permitted to travel abroad. Each time the pass port was handed over to the petitioner and after returning from the travel, the petitioner has deposited the same with the respondent authority. The petitioner was placed reliance on a judgment of the Apex Court in case of Suresh Nanda Vs. CBI in Suresh Nanda Vs. CBI in Suresh Nanda Vs. CBI in Criminal Appeal No. 179/08 Criminal Appeal No. 179/08 Criminal Appeal No. 179/08 arising out of SLP SLP SLP (Criminal) 3408/07 (Criminal) 3408/07 (Criminal) 3408/07 to contend that the said judgment goes to hold that the police has no authority and power to detain or impound the passport and the said power can only be exercised by the pass port authorities under section 10(3) of the Pass Port Act. The court has held that the pass port Act is a special statute and thus the provisions of the said act would regulate impounding of the pass port and impounding cannot be regulated by the provisions of Cr.P.C. Despite, there being a clear position of law in favour -3- of the petitioner. The learned counsel appearing for the petitioner in all fairness pointed out an order passed by the Chief Metropolitan Magistrate in relation to a co-accused, below Application dated 21-10-2005 whereby permission to go abroad, has been granted without any opposition from DRI subject to furnishing of additional cash security in the sum of Rs.2 lakhs. The learned counsel submits that he is ready and willing to abide by the conditions imposed on the co-accused by the trial court while passing the said order. The learned counsel appearing for the respondent is agreeable for granting permission to the petitioner to travel abroad subject to the conditions imposed by the Chief Metropolitan Magistrate vide order dated 27-10-2005. The petitioner has filed an affidavit and given the schedule of his travel in details. He has also furnished roaming mobile number of which the petitioner will be available and can contact if need be to the respondent. Thus the present petition deserves to be allowed and I proceed to allow the same, on concession made available by the respective counsel for the petitioner and the respondent. In the result, the petitioner is allowed to travel abroad to the places mentioned in para 4 of the affidavit dated 20-1-2008 subject to furnishing of additional cash security of Rs.2 lakhs. The permission to travel abroad is granted for a period of -4- six months commencing from 20-2-2008. The petitioner shall not seek extension of the period. On petitioner’s return to India from abroad, he shall deposit his pass port with the respondent. Rule made absolute the above terms. 4. Parties to act on an authenticated copy of this order. ........