1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 997 OF 2010 Sunil Pandurang Dalal ...Petitioner vs. Union of India & Anr. ...Respondents Mr.Vishwajit P. Sawant for the Petitioner. Mrs.P.P. Bhosale, APP for the State. Mr.Francis Saldhana, Spl.PP for Union of India. CORAM : V.M. KANADE, J. DATED : APRIL 6, 2010 P.C. :- 1 Heard Counsel for the petitioner and Counsel for the respondent. 2 The petitioner has filed this petition challenging the condition imposed by the Additional Chief Metropolitan Magistrate, 3rd Court, Esplanade, Mumbai, by order dated 17th September, 2008. By the said order, the petitioner was directed to handover 2 his passport to the respondent. The petitioner, accordingly, has handed over the passport to the respondent. 3 It is now submitted that the petitioner has deposited an amount of Rs.5 crores to show his bonafide and show cause-cum-remand notice regarding differential custom duty which is to be paid by the petitioner is pending adjudication. 4 The Senior Intelligence Officer of the respondent has filed an affidavit in which it is stated that in view of the subsequent events, they have no objection if permission is granted to the petitioner to go abroad. It is, however, submitted that the stringent condition may be imposed. It is submitted that the petitioner should intimate to the court in advance about his tour itinerary and his contact address and telephone numbers of the place where he intends to visit and it is further submitted that the petitioner may be asked to 3 deposit additional cash security taking into consideration the revenue being demanded from the petitioner herein. 5 In view of the subsequent events which have taken place and since the show cause notice issued by the respondent is pending adjudication by the competent authorities and since in principle, the respondents do not have any objection if the passport is handed over, in my view, in the interest of justice, it would be appropriate if the respondent is directed to handover the passport to the petitioner. Order accordingly. The condition imposed by the trial court to the extent is modified and relaxed. The petitioner, however, shall inform his tour itinerary, his contact address and telephone numbers, at least two weeks in advance before he goes abroad to the respondent. In my view, it is not necessary to increase the cash security since the petitioner has already deposited an amount of Rs.5 crores with the respondent. The 4 petitioner is the Managing Director of M/s.Softcell Technologies Limited and he is the permanent resident of Pune. There is no likelihood of the petitioner absconding and evading revenue which the respondent may earn if the adjudication notice is decided in their favour. 6 With the aforesaid directions, the petition is allowed and is disposed of. (V.M. KANADE, J.)