IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 28TH AUGUST 2008 / 6TH BHADRA 1930 WP(C).No. 24389 of 2008(C) -------------------------- CRMP.4862/2007 of ADDL.C.J.M., ERNAKULAM .................... PETITIONER: ------------ KUNJAPPA @ KUNJUMOHAMMED, AGED 48, S/O MOHAMMEDKUTTY, RESIDING AT MANGATTU PALLIMALIL HOUSE, AREEKODE DESOM, THALAKADATHOOR P.O., TIRUR, MALAPPURAM DISTRICT. BY ADV. SRI.V.VENUGOPALAN NAIR SRI.JAMES ABRAHAM (VILAYAKATTU) RESPONDENTS: ------------- THE SUPERINTENDENT OF CUSTOMS, (PREVENTIVE), OFFICE OF THE ASSISTANT COMMISSIONER OF CUSTOMS, R & I DIVISION, WILLINGTON ISLAND, KOCHI -9. BY GOVERNMENT PLEADER SRI.AMJAD ALI ADV. SRI.P.PARAMESWARAN NAIR, ASST.SOLICITOR FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT, J. ---------------------- W.P.C.No.24389 of 2008 ---------------------------------------- Dated this the 28th day of August 2008 J U D G M E N T This writ petition is filed by the petitioner aggrieved by the order dated 5/12/2007 passed by the learned Additional Chief Judicial Magistrate (Economic Offences), Ernakulam turning down his prayer for release of his passport deposited before the learned Magistrate as condition for grant of bail when he who faces allegations under the Customs Act was enlarged on bail as per order dated 04/12/2004. 2. The allegations against the petitioner are serious. He is alleged to have indulged in offences under the Customs Act, Huge amount of Customs duty was allegedly evaded. Considering all the circumstances, the petitioner, who is arrested on 02/12/2004, was released on bail on 04/12/2004 subject to conditions. As directed by the learned Magistrate, the passport of the accused was surrendered before the learned Magistrate under the order dated 04/12/2004 as a condition for grant of bail. W.P.C.No.24389/08 2 3. The petitioner has now come to this court with a prayer that the passport issued to him which is in the custody of the court may now be released to him. It is submitted that even though a period of about four years has elapsed from the date on which he was granted bail, complaint has not been filed before the learned Magistrate. There is absolutely no justification in the insistence that passport must continue to be with the court. The learned counsel for the petitioner submits that adjudication proceedings are over. Penalty has been imposed. An appeal has been preferred. Deposit of the requisite amount has already been made by the petitioner. In these circumstances, in any view of the matter, the petitioner may be permitted to take release of his passport from the court, submits the learned counsel for the petitioner. 4. The application is opposed by the learned Assistant Solicitor General of India. The learned counsel representing the learned Assistant Solicitor General of India submits that the allegations against the petitioner are serious and there is every possibility of the petitioner absconding if his passport were released to him. W.P.C.No.24389/08 3 5. The learned counsel for the petitioner submits that the continued insistence of the retention of the passport fettering the right to movement of the petitioner is unreasonable and the condition now deserves to be altered subject to any appropriate terms and conditions as this court may impose. 6. Having considered all the relevant circumstances, I find merit in the prayer of the learned counsel for the petitioner. I am satisfied that subject to appropriate conditions which shall ensure the interests of the State, the passport surrendered by the petitioner can be directed to be released to the petitioner. 7. In the result, a) This writ petition is allowed. b) The impugned order is set aside. c) The passport surrendered by the petitioner shall be released to the petitioner on the following terms and conditions: i) The petitioner shall execute a bond for Rs.3,00,000/- (Rupees three lakhs only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate undertaking to surrender the passport before the learned Magistrate as and when directed by the learned Magistrate within a period of one month from the date of the directions. W.P.C.No.24389/08 4 ii) The petitioner shall specify the name of a counsel to whom notice must be given by the court if the passport is required to be surrendered. iii) A certified photostat copy of the passport shall be placed before the court before the passport is taken back from court. (R.BASANT, JUDGE) jsr W.P.C.No.24389/08 5 W.P.C.No.24389/08 6 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007